About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1962 U. Ill. L.F. 321 (1962)
The Principles underlying the Drafting of the Uniform Commercial Code

handle is hein.journals/unilllr1962 and id is 329 raw text is: THE PRINCIPLES UNDERLYING THE DRAFTING OF THE UNIFORM COMMERCIAL CODE BY HOMER KRIPKE* IN ACCEPTING THE EDITOR'S INVITATION to write an article on the underlying concepts of the Code, I made it clear that I had no intention of writing in the field of jurisprudence. I shall not, for instance, consider whether the Code assumes concepts of natural law or takes a positivist approach or makes other implied assumptions as to the nature of statute law. Persons interested in this topic would do better to consult the jurisprudential writings of the late Prof. Karl N. Llewellyn, the guiding spirit of the Code.' It is my purpose, rather, to express certain fundamentals resulting from the conditions under which the Code was drafted. AcADEMIc THINKING IN THE DRAFTING The nature of the Code project was such that only in the faculties of the law schools could the requisite manpower be found to do the drafting. True, dozens of practicing lawyers devoted untold evening hours to re- viewing drafts, and participated in two-and-three-day committee confer- ences again and again, as well as attending the twice-a-year joint meetings of the sponsor organizations2 held over a period of years. But only the law faculties could devote the time in large enough quantities to the enormous task of drafting and redrafting. Only the law faculties had the background of adequate knowledge of the existing uniform acts, where they were obsolescent, and where the interpretations created lack of uni- formity. Only the faculties had adequate time for the necessary research. -HOMER KRIPKE. A.B. 1931, J.D. 1933, University of Michigan; Assistant Solicitor, S.E.C., 1939-1944; member of the New York, New Jersey, Illinois and Ohio bars; partner in the firm of Stein, Kripke and Rosen, New York, N.Y., and Jersey City, N.J. Member of the Sub- committee on Article 9 in the drafting of the Uniform Commercial Code. Presently member of Subcommittee No. 3 to consider Article 9, appointed by the Permanent Editorial Board of the Code. 'LLEWELLYN, JURISPRUDENCE: REALISM IN THEORY AND PRACTICE (1962); LLEw- ELLYN, THE BRAMBLE BUSH (1930); Teufelsdr6ckh, jurisprudence, the Crown of Cizilization, 5 U. Cm. L. Rzv. 171 (1938); Llewellyn, Problems of Codifying Security Law, 13 LAW & CONTEMP. PROB. 687 (1948). See also Gilmore, On the Difficulties of Codifying Commercial Law, 57 YALE L.J. 1341 (1948). The American Law Institute and the National Conference of Commissioners on Uniform State Laws.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most