Langdell on Contracts and Legal Reasoning: Correcting the Holmesian Caricature

Bruce A. Kimball

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Legal principles and applications Historical Legal Studies and Society Legal and Constitutional Studies

Abstract

During the first decade of his tenure as dean of Harvard Law School (HLS) from 1870 to 1895, Christopher C. Langdell (1826–1906) produced closely related works on contracts and sales that exercised great influence pedagogically and jurisprudentially. Pedagogically, the casebooks on contracts and sales introduced case method teaching into American legal education. In jurisprudential terms, these works placed Langdell with Frederick Pollock and William R. Anson in England and Oliver W. Holmes, Jr., in the United States, as the leading theorists of contract during its “golden age” of “overwhelming predominance” in Anglo-American law.

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1966The Search for Order, 1877-1920 1969The triumph of the Darwinian method 1881The Common Law 1992The Transformation of American Law 1870–1960 1938A Treatise on the Law of Contracts 2019A History of American Law 1927A History of English Law 1991The Philosophical Origins of Modern Contract Doctrine

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