Law in books and law in action

Abstract

This chapter discusses the nature of the lag between contract law and the real world developments and looks as consumer contract law as an example. It then discusses the longstanding idea of the difference between law in the books (formal or blackletter law) and law in action (law as applied or operative rules). It also discusses the role of contract law in society and examines law as a “shadow” and the escaping from contract law. Examples of escaping are private legal systems and smart contracts. It further examines convergence of contract law across legal systems and the development of international sales law. The final topics explored include the role of contract scholarship, essence of contracts, and relational contracts.