This unit begins with a detailed discussion of several well-known cases from the common law of Contract. The goal is to notice the gaps between the rules and the ultimate decisions. The course continues with a discussion of Max Weber's classical statement of how legal questions are decided in the civil law and his suggestion that adjudication in the common law is irrational. The unit then attempts to respond to Weber's challenge by focusing on the classical discussion of this question by some of the great theorists of the common law, together with contemporary writers who contribute to the same discussion. Students will read and discuss chapters by several writers, including Blackstone,... -- Course Website
Prerequisites: None
