An Essay on Contract and Status: Race, Marriage and the Meretricious Spouse
The notions of contract and status present one of the great paradoxes in Anglo-American jurisprudence: the two concepts are antithetical, yet they overlap significantly in those areas where private interests and public interests collide or coincide. The source of this antithesis is in the origins of...
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| Format: | text |
| Language: | English |
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Institutional Knowledge at Singapore Management University
1978
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| Online Access: | https://ink.library.smu.edu.sg/sol_research/2112 https://ink.library.smu.edu.sg/context/sol_research/article/4064/viewcontent/An_Essay_on_Contract_and_Status.pdf |
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| Institution: | Singapore Management University |
| Language: | English |
| Summary: | The notions of contract and status present one of the great paradoxes in Anglo-American jurisprudence: the two concepts are antithetical, yet they overlap significantly in those areas where private interests and public interests collide or coincide. The source of this antithesis is in the origins of the concepts. Contract emerges from private transactions, but status is publicly imposed. Examining the overlap reveals the tendency of late twentieth century Amercan judges to intermingle contradictory legal concepts when faced with difficult social problems. |
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