Private Law Theory

ABSTRACT 
We concisely state the essence of a functionalist theory of contract and the essence of a formalist theory of contract. We then compare the two theory families intuitively to suggest that, though they start in different places and their theoretical statements differ, the two theory families are more similar in application than is commonly supposed.

Schwartz, Alan and Markovits, Daniel, Function and Form in Contract Law (May 23, 2019). Forthcoming, Oxford Handbook of the New Private Law.

First posted 2019-06-10 15:53:54