Contract Law in the Age of Complexity

Abstract

This thesis provides a new account of the development of contract law between 1750 and 1914. Using a combination of doctrinal and quantitative methods, it shows how a vast quantity of law was produced in the late 18th and early 19th century. This wave of law deeply affected the legal system: the procedures, legal methods, reporting, weight and nature of precedent, court hierarchy, and underlying philosophy were all radically transformed. It began a new period termed ‘the Age of Complexity’ in which the total volume of cases far outstripped the cognitive capacities of the 18th century legal profession. In this new world, authority became formal, reporting made ultra-selective, and legal literature systematised. The thesis adopts contract law as the central case study, arguing its development can be understood in the context of the 18-19th century generation of law. It provides three key motivators behind the creation of contract law: the logistical burden of more law on a small judicial cohort; the constitutional position of the courts relative to an increasingly assertive Parliament; and the influence of liberal economic ideas. Altogether, the thesis shows the causes, pathways, and effects of increasing legal complexity in the 18th, 19th, and 20th centuries.