Abstract

This Article takes account of the forces that shape revisions of the commercial law and notes the relationship between those forces and the tenor of the resulting codification; Part II peruses Scott's thesis. It responds to his criticism of the UCC drafting and revision processes and describes how uniform commercial law Jurisprudence reveals the incongruities in his analysis. Part III tests Scott's conclusions about private legislatures by considering the realist Jurisprudence of the UCC and compares the UCC's "private legislature" (PL) commercial law to the commercial- law product of a "public legislature," the Bankruptcy Code promulgated by the United States Congress. Part IV focuses on the aspects of the Article 9 revision that Scott used to illustrate the operation of the Schwartz and Scott thesis-the filing system, purchase money security interests, and proceeds of collateral.

Document Type

Article

Publication Date

1996

Comments

Coauthored with Peter A. Alces

Download

Share

COinS