The Audience for Rick Bigwood's Exploitative Contracts

Abstract

A W B Simpson has suggested that forms of legal literature reflect underlying theories of and about law.' In this comment I will explore the theory underpinning Rick Bigwood's Exploitative Contracts2 and then examine some of the implications that flow from his position. In particular, I will consider whether and how judges could use Bigwood's book. I will argue that the theory underpinning Bigwood's argument suggests a role for judges that is incompatible with historical and functional understandings of what it means to be a judge and which would amount to a revolutionary change in the relationship between legal scholars and common law judges.

Keywords: A W B Simpson, Contracts, Rick Bigwood's, Exploitative Contracts

JEL Classification: K10