Commercial Law and the American Volk: A Note on Llewellyn's German Sources for the Uniform Commercial Code

  title={Commercial Law and the American Volk: A Note on Llewellyn's German Sources for the Uniform Commercial Code},
  author={James Q. Whitman},
  journal={Yale Law Journal},
American commercial law is largely the creation of America's most eccentric legal philosopher. Karl Llewellyn was the principal author of the Uniform Commercial Code (U.C.C.).' He gave the Code an often baffling jurisprudential framework: The U.C.C. regularly refuses to supply substantive rules. Instead, with startling frequency, the Code directs courts to determine whether the parties in a given commercial dispute have acted "reasonably" 2 or in accordance with "customs" and "usages of trade"3 
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reasonableness question of law). See generally, U.C.C. CAsEF Du;ivor 1204
  • Rep. Serv. (Callaghan)
  • 1979
Sagebrush Sales Co., 114 Ariz. 271, 560 P.2d 789, 21 U.C.C
  • Rep. Serv. (Callaghan)
  • 1977
For a treatise on commercial lay courts in the year of Llewellyn's visit to Germany, see
  • 1931
)(b), supra note 3 (U.C.C. intended, inter alia, "to permit the continued expansion of commercial practices through custom
    333 So.2d 557, 19 U.C.C. Rep. Serv. (Callaghan) 506 (Ala. 1976) ("reasonable time
      E:wI.I.,YN, supra note 73
        German text quoted supra note 67
          Like Isay, Llewellyn thought rule of law less necessary in simple societies: A Kadi was inevitably governed by the consciousness of the Volk
            New England Merchants Nat'l Bank of Boston, 569 F.2d 699, 24 U.C.C
            • Flagship Cruises, Ltd. v
            The only slight change in the organization of the commercial courts had come in 1909