The tentative case agaiinst flexibility in commercial law

Article Abstract:

The author discusses whether and should commercial law stress pragmatism over formalism in the interpretation of contracts by focusing attention on the substance of contractual relationships. He examines the UCC's underlying policy of promoting flexibility and questions whether its provisions in fact promote that value.

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The new formalism in contract

Article Abstract:

The author discusses the conflict between formalistic and pragmatic approaches to the interpretation of contracts and evaluates historic changes in relevant legal philosophy. He focuses upon the UCC and the work of Karl Llewellyn.

Contracts, Criticism and interpretation, Llewellyn, Karl

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