Arthur Linton Corbin
Encyclopedia
Arthur Linton Corbin was a professor at Yale Law School
and a scholar of contract
law. He helped to develop the philosophy of law
known as legal realism
, and wrote one of the most celebrated legal treatise
s of the Twentieth century, Corbin on Contracts.
, on October 17, 1874. He graduated from the University of Kansas
in 1894 and briefly taught high school in Augusta, Kansas
and Lawrence, Kansas
. He earned his law degree from Yale Law School
in 1899, graduating magna cum laude. Following graduation from Yale, he practised law in Cripple Creek, Colorado
. Corbin returned to Yale Law School
in 1903 to serve as an instructor in contract law.
of legal study created by Christopher Columbus Langdell
at Harvard Law School
.
and cited in law journals and judicial opinions.
Corbin subscribed to the philosophy of legal realism, the idea that law was the product of human efforts and society. He believed that in resolving contract disputes, judge
s should examine not just the "four corners" of the legal document itself, but the intention of the parties
, as evidenced by the course of dealing and course of performance between the parties, as well as the customs of the trade and business community. Corbin felt that the main purpose of a contract was to protect the reasonable expectations of each party.
Corbin's views are frequently contrasted with those of fellow contracts scholar Samuel Williston
, who was more of a formalist
in his thinking. Williston served as the reporter for the First Restatement of Contracts
, but Corbin's contributions were more evident in the Restatement (Second) of Contracts
, which he worked on until his retirement from legal study at age 90, due to failing eyesight. Corbin died at age 93, in 1967.
Corbin's scholarship heavily influenced the drafters of the Uniform Commercial Code
, particularly the work of Karl Llewellyn
, who had previously studied under Corbin.
Yale Law School
Yale Law School, or YLS, is the law school of Yale University in New Haven, Connecticut, United States. Established in 1824, it offers the J.D., LL.M., J.S.D. and M.S.L. degrees in law. It also hosts visiting scholars, visiting researchers and a number of legal research centers...
and a scholar of contract
Contract
A contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific...
law. He helped to develop the philosophy of law
Jurisprudence
Jurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal theorists , hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions...
known as legal realism
Legal realism
Legal realism is a school of legal philosophy that is generally associated with the culmination of the early-twentieth century attack on the orthodox claims of late-nineteenth-century classical legal thought in the United States...
, and wrote one of the most celebrated legal treatise
Legal treatise
A legal treatise is a scholarly legal publication containing all the law relating to a particular area, such as criminal law or trusts and estates...
s of the Twentieth century, Corbin on Contracts.
Early life
Corbin was born in Linn County, KansasLinn County, Kansas
Linn County is a county located in East Central Kansas, in the Central United States. As of the 2010 census, the county population was 9,656. Its county seat is Mound City, and its most populous city is Pleasanton...
, on October 17, 1874. He graduated from the University of Kansas
University of Kansas
The University of Kansas is a public research university and the largest university in the state of Kansas. KU campuses are located in Lawrence, Wichita, Overland Park, and Kansas City, Kansas with the main campus being located in Lawrence on Mount Oread, the highest point in Lawrence. The...
in 1894 and briefly taught high school in Augusta, Kansas
Augusta, Kansas
Augusta is a city in Butler County, Kansas, United States. As of the 2010 census, the city population was 9,274.-19th century:The confluence of the Whitewater River and the Walnut River was originally inhabited by Native Americans , who found the land ideal for hunting and fishing. In 1868 C. N...
and Lawrence, Kansas
Lawrence, Kansas
Lawrence is the sixth largest city in the U.S. State of Kansas and the county seat of Douglas County. Located in northeastern Kansas, Lawrence is the anchor city of the Lawrence, Kansas, Metropolitan Statistical Area, which encompasses all of Douglas County...
. He earned his law degree from Yale Law School
Yale Law School
Yale Law School, or YLS, is the law school of Yale University in New Haven, Connecticut, United States. Established in 1824, it offers the J.D., LL.M., J.S.D. and M.S.L. degrees in law. It also hosts visiting scholars, visiting researchers and a number of legal research centers...
in 1899, graduating magna cum laude. Following graduation from Yale, he practised law in Cripple Creek, Colorado
Cripple Creek, Colorado
The City of Cripple Creek is a Statutory City that is the county seat of Teller County, Colorado, United States. Cripple Creek is a former gold mining camp located southwest of Colorado Springs near the base of Pikes Peak. The Cripple Creek Historic District, which received National Historic...
. Corbin returned to Yale Law School
Yale Law School
Yale Law School, or YLS, is the law school of Yale University in New Haven, Connecticut, United States. Established in 1824, it offers the J.D., LL.M., J.S.D. and M.S.L. degrees in law. It also hosts visiting scholars, visiting researchers and a number of legal research centers...
in 1903 to serve as an instructor in contract law.
Career at Yale
Corbin became a full professor at Yale Law School in 1909, a position he would hold until his retirement from teaching in 1943. During his time at Yale, he was strongly influential in turning the law school into the center of legal scholarship it is known for today. He convinced the administration to hire more full-time professors and enact more selective admission criteria, and helped to implement and popularize the casebook methodCasebook method
The casebook method, also known as the case method, is the primary method of teaching law in law schools in the United States. It was pioneered at Harvard Law School by Christopher Columbus Langdell...
of legal study created by Christopher Columbus Langdell
Christopher Columbus Langdell
Christopher Columbus Langdell , American jurist, was born in the town of New Boston, New Hampshire, of English and Scots-Irish ancestry....
at Harvard Law School
Harvard Law School
Harvard Law School is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, it is the oldest continually-operating law school in the United States and is home to the largest academic law library in the world. The school is routinely ranked by the U.S...
.
Scholarship and writings
Corbin wrote extensively in the field of contract law. His most famous work was the treatise Corbin on Contracts, the original version of which was eight volumes long (though it has since been expanded). This treatise is still used today in American law schoolsLaw school in the United States
In the United States, a law school is an institution where students obtain a professional education in law after first obtaining an undergraduate degree.Law schools in the U.S...
and cited in law journals and judicial opinions.
Corbin subscribed to the philosophy of legal realism, the idea that law was the product of human efforts and society. He believed that in resolving contract disputes, judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
s should examine not just the "four corners" of the legal document itself, but the intention of the parties
Party (law)
A party is a person or group of persons that compose a single entity which can be identified as one for the purposes of the law. Parties include: plaintiff , defendant , petitioner , respondent , cross-complainant A party is a person or group of persons that compose a single entity which can be...
, as evidenced by the course of dealing and course of performance between the parties, as well as the customs of the trade and business community. Corbin felt that the main purpose of a contract was to protect the reasonable expectations of each party.
Corbin's views are frequently contrasted with those of fellow contracts scholar Samuel Williston
Samuel Williston
Samuel Williston was an American lawyer and law professor.Early in Williston's career, from 1888 to 1889 he worked as the private secretary to U.S. Supreme Court Justice Horace Gray. In the summer of 1889, he helped to collate laws from various U.S...
, who was more of a formalist
Legal formalism
Legal formalism is a legal positivist view in philosophy of law and jurisprudence. While Jeremy Bentham's can be seen as appertaining to the legislature, legal formalism appertains to the Judge; that is, formalism does not suggest that the substantive justice of a law is irrelevant, but rather,...
in his thinking. Williston served as the reporter for the First Restatement of Contracts
Restatement of the Law
In American jurisprudence, the Restatements of the Law are a set of treatises on legal subjects that seek to inform judges and lawyers about general principles of common law...
, but Corbin's contributions were more evident in the Restatement (Second) of Contracts
Restatement (Second) of Contracts
The Restatement of the Law of Contracts is one of the most well-recognized and frequently-cited legal treatises in all of American jurisprudence. Every first year law student in every law school in the United States is exposed to it, and it is probably the most-cited non-binding authority in all...
, which he worked on until his retirement from legal study at age 90, due to failing eyesight. Corbin died at age 93, in 1967.
Corbin's scholarship heavily influenced the drafters of the Uniform Commercial Code
Uniform Commercial Code
The Uniform Commercial Code , first published in 1952, is one of a number of uniform acts that have been promulgated in conjunction with efforts to harmonize the law of sales and other commercial transactions in all 50 states within the United States of America.The goal of harmonizing state law is...
, particularly the work of Karl Llewellyn
Karl N. Llewellyn
Karl Nickerson Llewellyn was a prominent American jurisprudential scholar associated with the school of legal realism. The Journal of Legal Studies has identified Llewellyn as one of the twenty most cited American legal scholars of the 20th century.-Biography:He was born on May 22, 1893 in Seattle...
, who had previously studied under Corbin.