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Stewart Macaulay: Selected Works

Part of the Law and Philosophy Library Book Series (volume 133)

Editors: Campbell, David

DOI: 10.1007/978-3-030-33930-2

ISBN: 978-3-030-33929-6

Publisher: Springer International Publishing - Springer Journals

Oct 31, 2020

1 - 10 of 20 Chapters

LitStream

Stewart Macaulay and the Law of Contract

Bix, Brian H.

Pages: 3 –14

[Stewart Macaulay has taken the complicated, almost ironic, position of a prominent contract law theorist who doubts that contract law plays a significant role in contracting practice. And it is his insistence on focusing on how parties actually behave in relation to such transactions that keeps...
LitStream

Law in Reality, Law in Context: On the Work and Influence of Stewart Macaulay

Mertz, Elizabeth; Friedman, Lawrence M.

Pages: 15 –30

[In this commentary on Stewart Macaulay’s intellectual contributions, Elizabeth Mertz and Lawrence Friedman review just one part of Macaulay’s substantial legacy within legal and sociolegal studies. Within legal studies he is well known for his work on contract law, and on the relationship...
LitStream

The Use and Non-Use of Contracts in the Manufacturing Industry

Macaulay, Stewart

Pages: 33 –58

[Editor’s Note: For a number of years the author has been engaged in a study (which is continuing) of the use and nonuse of contracts by business. He has interviewed lawyers and businessmen from at least 75 firms, corresponded with at least 100 other businessmen, collected the form contracts used...
LitStream

The Standardized Contracts of United States Automobile Manufacturers

Macaulay, Stewart

Pages: 59 –85

[The automobile industry in the United States is large, very complex and has great economic power. The major manufacturers are run as bureaucratic structures designed to operate efficiently at all levels. Those people and organizations that deal with the manufacturers have patterned their conduct...
LitStream

Access to the Legal Systems of the Americas: Informal Processes

Macaulay, Stewart

Pages: 87 –105

[“Secretary: Fill in these papers, this is how to begin. Your name is a number, your story is a case, your need a request, your hopes will be filed. Come back next week.” Gian-Carlo Menotti, The Consul Act I, Scene 2]
LitStream

Professional Competence and the Law

Macaulay, Stewart

Pages: 107 –114

[I have been asked to speak about “Professional Competence and the law—What’s at Stake: The Educator’s Perspective.” In the interest of truth in advertising and full disclosure, I must make a few things clear at the outset. Much of my knowledge about the topic comes from a study of 106 lawyers in...
LitStream

Lawyer Advertising: “Yes, But …”

Macaulay, Stewart

Pages: 115 –152

[Recently, in both the United States and great Britain lawyers have been permitted to advertise. Reactions are mixed. Some see the change as an assault on professionalism and opening the door to misleading consumers of legal services. Others hail the change as opening the door to lower prices,...
LitStream

Private Government

Macaulay, Stewart

Pages: 153 –227

[Much of what we could call governing is done by groups that are not part of the institutions established by federal and state constitutions. If governing involves making rules, interpreting them, applying them to specific cases, and sanctioning violations, some of all of this is done by such...
LitStream

Long-Term Continuing Relations: The American Experience Regulating Dealerships and Franchises

Macaulay, Stewart

Pages: 229 –285

[Problems of distribution must be analyzed in the context of long-term continuing relations. Far too often legal writers, lawyers and judges talk about franchises and dealerships as if they involved discrete transactions. Most American scholars are aware of relational ideas about contracts, but,...
LitStream

Wisconsin’s Legal Tradition

Macaulay, Stewart

Pages: 287 –296

[Speaking for everyone at the Law School, I want to thank Mrs. Mary Virginia Brazeau for the generous gift of the professorship. I also want to thank my colleagues for nominating me for this great honor.]

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