解构彼得-古德里奇与法律的契约

David Campbell
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摘要

彼得-古德里奇教授合同法已有 25 年之久。这并没有体现在他的大量著述中,他直接论述合同法或与合同法有关的论文只是其中的一小部分。不过,这些论文对法律理论起到了启示作用,而他现在也因这些论文直接涉及传统理论的方式而闻名于世。当然,古德里奇的研究方法是批判性和解构性的,但却出现了一个耐人寻味的主题。人们发现,他的作品所特有的对文学和理论问题的博学,延伸到了令人信服地处理他所批评的学说细节的能力,因此这种批评绝不仅仅是负面的。古德里奇也许是在世的法律学者中最不能说他在表达方式上避免修辞和滑稽的人。但他关于合同的著作进一步证明了他对法律批评的严肃态度。
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Deconstructing Peter Goodrich’s Contract with Law
Peter Goodrich has taught the law of contract for more than 25 years. This is not reflected in his huge body of writing, of which his papers directly on or relating to the law of contract are only a minor part. These papers, however, shed a light on the legal theory for which he is now famous because of the way their direct engagement with a body of conventional doctrine is conducted. Goodrich’s approach is, of course, critical and deconstructive, but an intriguing theme emerges. One finds that the erudition about literary and theoretical issues that characterises his work extends to an ability to convincingly address the detail of the doctrine he criticises, so that that criticism is far from being merely negative. Goodrich is perhaps the living legal academic of whom one can least say that he avoids rhetorical and comic flourishes in the way he expresses himself. But his writings on contract are further evidence of the seriousness of his approach to the criticism of law.
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