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47 S. Cal. L. Rev. 691 (1973-1974)
The Many Futures of Contracts

handle is hein.journals/scal47 and id is 695 raw text is: THE MANY FUTURES OF CONTRACTS IAN R. MACNiL* TABLE OF CONTENTS I. THE PRJMAL ROOTS OF CONTRACT 696 A. INTRODUCTION TO PROMISSORY AND NON-PROMISSORY B. SENSE OF CHOICE 701 C. CONSCIOUS AWARENESS OF PAST, PRESENT AND FU- TURE 706 D. THE SOCIAL MATRIX 710 II. CONTRACT: PROJECTING EXCHANGE INTO THE FUTURE - 712 A. INTRODUCTION TO PROMISSORY AND NON-PRoMISSORY PROJECTION 712 B. TRANSACTIONAL AND RELATIONAL CONTRACT; PRI- MARY RELATIONS -- - ------- __ 720 C. CONTRACT AND PROMISE; NON-PRoMISSORY PROJEC- TION OF EXCHANGE 726 1. Nature of Promise-Making 726 a. Promissory expression is fragmentary 726 b. Communication expressed is not communica- tion received 727 2. Individual and Social Response to Promises: Prom- ises Are Not Absolutes 729 * Professor of Law and Member, Center for Advanced Studies, University of Virginia. B.A. 1950, University of Vermont; J.D. 1955, Harvard University. I am indebted throughout to many people for insights received in informal ways not lending themselves to footnotes. As is typical in relations, neither they nor I know exactly what the debt is, how big it is or how it should be repaid. The roots of this Article go too far back to try to single out names of everyone who has made signifi- cant contributions of ideas and insights. Theodore Caplow, Ernest A. Gellhorn, and Robert F. Patton read a late draft with far more thoughtfulness and care than any col- league or friend could reasonably ask; their comments were invaluable and resulted in a number of changes. Margaret Wilson, Barry Taylor, and John Sanders, students at University of Virginia Law School, were very helpful at different stages. Nancy C. Macneil, as always, contributed on all fronts. Without the reduced teaching load provided by the Center for Advanced Studies and the Law School of the University of Virginia, this Article would not have been written. I am, therefore, greatly obliged to those institutions for providing that rarest of commodities, time for musing and reflection free of interruption. My particular appreciation goes to Dean Monrad Paulsen and to Dean W. Dexter Whitehead, Director of the Center for Advanced Studies, who in every way possible have implemented my efforts. @ Copyright, 1974, by Ian R. Macneil and the University of Southern California.

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