Critically examine an analytical problem, a theoretical or doctrinal approach, a set of rules, laws, or legal principles, or a class of cases from the perspective of one of the following legal scholars:
1. Charles Fried, Contract as Promise: A Theory of Contractual Obligation
2. Grant Gilmore, The Death of Contract
3. Oliver Wendell Holmes, The Common Law (chapters 7-9) and Path of the Law
4. Gordley, The Philosophical Origins of Modern Contract Doctrine
5. Kimel, From Promise to Contract
6. P.S. Atiyah, Promises, Morals, and Law
What I am looking for here is not a book report, but rather a thoughtful essay that critically examines one of the above author’s views regarding an important issue of contract law, or critically applies that author’s view to explain, critique, improve, reconcile, or justify a legal rule or principle. Thus, by way of example, you may use one of the above author’s ideas as a lens by which to more carefully explore the relationship between the positive law’s incorporation of “hard” economic analysis on the one hand, and “soft” moral philosophy on the other. Or, you may choose to explore the relationship between contractual freedom and public order, either historically or philosophically, and discuss what impact, if any, this has had on notions of corrective or distributive justice by looking at a select group of cases in a particular area of contract law.
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