The Alabama Way: Independent Courts and Policymaking in Alabama
Document Type
Article
Publication Date
Fall 10-2016
Journal / Book Title
Alabama Review
Abstract
Rather, it was the product of a conscious policy choice by early nineteenth century jurists to "overthrow" an equitable theory of contract, wherein a good was thought to have an objective value, which courts could determine, independent of the value placed on it by the parties to the contract. [...] historians like Horwitz have interpreted the "buyer beware" rule as a "procommercial [sic] attack"-a conscious judicial policy choice to favor sellers over buyers-upon communal values, which essentially separated law from morals and created a harsher, more speculative, more individualistic, and combative marketplace
DOI
10.1353/ala.2016.0024
MSU Digital Commons Citation
Drake, Ian J., "The Alabama Way: Independent Courts and Policymaking in Alabama" (2016). Department of Political Science and Law Faculty Scholarship and Creative Works. 44.
https://digitalcommons.montclair.edu/polysci-law-facpubs/44
Published Citation
Drake, I. (2016). The Alabama Way: Independent Courts and Policymaking in Alabama. Alabama Review 69(4), 296-320.