From: McGaughey, Ewan <ewan.mcgaughey@kcl.ac.uk>
To: John Kleefeld <john.kleefeld@unb.ca>
CC: Geoff McLay <geoff.mclay@vuw.ac.nz>
Jason W Neyers <jneyers@uwo.ca>
obligations@uwo.ca
Date: 06/09/2018 15:28:40 UTC
Subject: Re: Nominations for up to three classic "obligations" articles that all good law postgrads should read
Attachments: Kessler, Contracts of Adhesion -Some Thoughts about Freedom of Contract.pdf
Berle, Property, Production and Revolution.pdf
21. Social role of private law, GLJ.pdf

Dear Geoff, and all,

Without hesitation, I would suggest:

1. Friedrich Kessler, ‘Contracts of Adhesion - Some thoughts about freedom of contract’ (1943) 43(5) Columbia Law Review 629 
2. A.A. Berle, ‘Property, Production and Revolution’ (1965) 65 Columbia Law Review 1 
3. Otto von Gierke, The Social Role of Private Law (1889) translated into English by yours truly: (2018) 16(3) German Law Journal 171

Then there are a chapters in classic books, which are invaluable, but this goes beyond the set number:
b. S Webb and B Webb, Industrial Democracy (1898) Book III, ch 2, ‘The Higgling of the Market
c. Karl Polyani, The Great Transformation (1944) ch 6, ‘The Self-Regulating Market’
d. Grant Gilmore, The Death of Contract (1971) probably the whole thing

Best wishes, Ewan



School of Law, SW2.28

On 5 Sep 2018, at 1:26, John Kleefeld <john.kleefeld@unb.ca> wrote:

Geoff, I would put near the top of my list Wesley Hohfeld’s two-part article, “Fundamental Legal Conceptions as Applied in Judicial Reasoning,” 23 & 26 Yale L.J. 16 & 710 (1913 & 1917). It was republished with a preface by Walter Wheeler Cook and is freely available on the Internet Archive in its original version:http://www.archive.org/details/fundamentallegal00hohfuoft. More than a century later, we are still discovering how insightful Hohfeld was about the terms used to describe the component parts of obligations (rights, duties, privileges, etc.).
 
JOHN C. KLEEFELD 
Dean and Professor, Faculty of Law
University of New Brunswick
PO Box 4400
41 Dineen Drive
Fredericton NB  Canada E3B 5A3
 
+1 506 453 4635
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<image002.png> /unblaw

<image003.png>@UNBLaw | @UNBKleefeld 
 
From: Geoff McLay <geoff.mclay@vuw.ac.nz>
Date: Tuesday, September 4, 2018 at 7:16 PM
To: Jason W Neyers <jneyers@uwo.ca>
Cc: "obligations@uwo.ca" <obligations@uwo.ca>
Subject: Nominations for up to three classic "obligations" articles that all good law postgrads should read
 
Dear Colleagues 
 
Next New Zealand  academic year ( March 2019)  I am running an honours class based on the idea of reading each week a couple of a “classic” articles that all post grad students  and academics should have read. I probably have about three or four slots for private law/obligations writing and was wondering what people on the list might suggest as classics of the” obligations” school or private law more generally.
 
All suggestions gratefully received
 
Many thanks 
 
Geoff
 
Geoff McLay
Professor of Law, 
Victoria University of Wellington
PO Box 600 Wellington
New Zealand