2026/03/01 by Warren Swain
Social Sciences · #Balance (ability) #Context (archaeology) #European and International Contract Law #Historical Economic and Legal Thought #Interpretation (philosophy) #Legal principles and applications
paper · pdf · doi:10.1017/s0008197326101251
published in The Cambridge Law Journal 85(1), 255-278 (Cambridge University Press)
openalex publication_date 2026/03/01 · openalex created_date 2026/03/07 · openalex updated_date 2026/07/22
Abstract In recent debates about the proper approach towards the interpretation of contract terms insufficient attention has been paid to the history of the subject. A close examination of that history shows that there are strong traces of both textual and contextual approaches. The balance between them is not however constant. Opposing factors have pulled in different directions at various times. It is not true to say that before modern times judges were necessarily wedded to the text of contracts. In fact, there is a very prominent seam of contextualism.