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.
Law and Society
Law, Society and Governance
Virginia Law Review
Virginia Law Review Association
An Essay on Contract and Status: Race, Marriage and the Meretricious Spouse. (1978). Virginia Law Review. 64, (7), 1039-1097. Research Collection School Of Law.
Available at: http://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 License.