Publication Type

Journal Article

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

Research Areas

Law, Society and Governance

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

Creative Commons License

Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License.

Additional URL

http://doi.org./10.2307/1072486

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