Scholarship and Writings
Corbin wrote extensively in the field of contract law. His most famous work was the treatise Corbin on Contracts, the original version of which was eight volumes long (though it has since been expanded). This treatise is still used today in American law schools and cited in law journals and judicial opinions.
Corbin subscribed to the philosophy of legal realism, the idea that law was the product of human efforts and society. He believed that in resolving contract disputes, judges should examine not just the "four corners" of the legal document itself, but the intention of the parties, as evidenced by the course of dealing and course of performance between the parties, as well as the customs of the trade and business community. Corbin felt that the main purpose of a contract was to protect the reasonable expectations of each party.
Corbin's views are frequently contrasted with those of fellow contracts scholar Samuel Williston, who was more of a formalist in his thinking. Williston served as the reporter for the First Restatement of Contracts, but Corbin's contributions were more evident in the Restatement (Second) of Contracts, which he worked on until his retirement from legal study at age 90, due to failing eyesight. Corbin died at age 93, in 1967.
Corbin's scholarship heavily influenced the drafters of the Uniform Commercial Code, particularly the work of Karl Llewellyn, who had previously studied under Corbin.
Read more about this topic: Arthur Linton Corbin
Famous quotes containing the words scholarship and, scholarship and/or writings:
“Men have a respect for scholarship and learning greatly out of proportion to the use they commonly serve.”
—Henry David Thoreau (1817–1862)
“American universities are organized on the principle of the nuclear rather than the extended family. Graduate students are grimly trained to be technicians rather than connoisseurs. The old German style of universal scholarship has gone.”
—Camille Paglia (b. 1947)
“It has come to be practically a sort of rule in literature, that a man, having once shown himself capable of original writing, is entitled thenceforth to steal from the writings of others at discretion. Thought is the property of him who can entertain it; and of him who can adequately place it. A certain awkwardness marks the use of borrowed thoughts; but, as soon as we have learned what to do with them, they become our own.”
—Ralph Waldo Emerson (1803–1882)