Publication Type
Journal Article
Version
publishedVersion
Publication Date
11-1978
Abstract
The notions of contract and status present one of the great paradoxes in Anglo-American jurisprudence: the two concepts are antithetical, yet they overlap significantly in those areas where private interests and public interests collide or coincide. The source of this antithesis is in the origins of the concepts. Contract emerges from private transactions, but status is publicly imposed. Examining the overlap reveals the tendency of late twentieth century Amercan judges to intermingle contradictory legal concepts when faced with difficult social problems.
Discipline
Law and Society
Publication
Virginia Law Review
Volume
64
Issue
7
First Page
1039
Last Page
1097
ISSN
0042-6601
Identifier
10.2307/1072486
Publisher
Virginia Law Review Association
Citation
HUNTER, Howard.
An Essay on Contract and Status: Race, Marriage and the Meretricious Spouse. (1978). Virginia Law Review. 64, (7), 1039-1097.
Available at: https://ink.library.smu.edu.sg/sol_research/2112
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.
Additional URL
http://doi.org./10.2307/1072486