Year: 2026
Type: article
Abstract: In recent debates about the proper approach towards the interpretation of contract terms insufficient attention has been paid to the history of the subject. A close examination of that history shows that there are strong traces of both textual and contextual approaches. The balance between them is not however constant. Opposing factors have pulled in different directions at various times. It is not true to say that before modern times judges were necessarily wedded to the text of contracts. In fact, there is a very prominent seam of contextualism.
Source: The Cambridge Law Journal
Author: Warren Swain
Institution: University of Auckland
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
Estimated APC paid: $3,550
OpenAlex ID: W7134067106
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