Zhong Xing Tan, ‘Deconstructing the Internal Point of View in Contract Law and Theory’

Abstract
What is the ‘internal point of view’ in contract law, and why does this matter for contract theory and practice? In this article, I examine this concept, first drawn from general legal theory, unpack its latent ambiguity and investigate its relevance to contract law and scholarship. I argue that the ‘internal/external’ distinction frames debates at three levels: first, controversies as to the types of perspectives participants may take towards contract; second, debates between theorists on how to arbitrate between competing perspectives in formulating contract theories; and third, controversies over the correct approach to contract scholarship – as between ‘theoretical’ and ‘practical’ scholarship. This analysis is relevant to contract lawyers who have pondered issues such as the normative sources of the contractual obligation, the correct approach to contract theory, and the distinction between legal scholarship and the role of courts.

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Zhong Xing Tan, ‘Deconstructing the Internal Point of View in Contract Law and Theory’ (2018) 34 Journal of Contract Law 260.

First posted 2018-11-26 17:10:22

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