Arthur Corbin

{{Short description|American legal scholar (1874–1967)}}

{{Use mdy dates|date=August 2021}}

{{Infobox scientist

| name = Arthur Corbin

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| birth_name = Arthur Linton Corbin

| birth_date = {{Birth date|1874|10|17}}

| birth_place = Linn County, Kansas, U.S.

| death_date = {{death date and age|1967|05|01|1874|10|17}}

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| fields = Legal studies

| workplaces = Yale Law School

| alma_mater = {{ubl|University of Kansas (AB)|Yale University (LLB)}}

| doctoral_advisor =

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}}

Arthur Linton Corbin (October 17, 1874 – May 1, 1967) was an American lawyer and legal scholar who was a professor at Yale Law School. He contributed to the development of the philosophy of law known as legal realism{{cite web |url=http://www.law.yale.edu/cbl/3075.htm |title=Early Years, 1869–1916: Arthur L. Corbin biography and portrait |publisher=Yale Law School |access-date=August 7, 2014}} and wrote one of the most celebrated legal treatises of the 20th century, Corbin on Contracts.{{cite journal |last1=Kessler |first1=Friedrich |title=Arthur Linton Corbin {{mdash}} Faculty Scholarship Series. Paper 2643 |year=1969 |url=http://digitalcommons.law.yale.edu/fss_papers/2643 |volume=78 |journal=Yale Law Journal |page=517 |publisher=Yale Law School |access-date=August 5, 2014}}{{cite web |url=http://www.10thcircuithistory.org/pdfs/general_interest/Corbin_article.pdf |title=Arthur Linton Corbin: A Giant in the Law with Tenth Circuit Roots |first1=Jerry E. |last1=Stephens |publisher=Tenth Judicial Circuit Historical Society |access-date=August 5, 2014 |archive-url=https://web.archive.org/web/20130919034433/http://www.10thcircuithistory.org/pdfs/general_interest/Corbin_article.pdf |archive-date=September 19, 2013 }}

Early life and education

Corbin was born in Linn County, Kansas, on October 17, 1874.{{cite journal |last1=Swan |first1=Thomas |title=Professor Arthur L. Corbin: Creator of the Present-Day Yale Law School |journal=Yale Law Journal |date=1964 |volume=74 |issue=2 |pages=207–08 |url=https://digitalcommons.law.yale.edu/fss_papers/4163/}}{{cite journal |first1=Arthur Linton |last1=Corbin |volume=13 |journal=Kansas Law Review |page=183 |title=Sixty-Eight Years at Law {{mdash}} Faculty Scholarship Series. Paper 3009 |year=1964 |url=http://digitalcommons.law.yale.edu/fss_papers/3009 |publisher=Yale Law School |access-date=August 6, 2014}} He graduated from the University of Kansas in 1894 and briefly taught high school in Augusta, Kansas, and Lawrence, Kansas.{{cite journal |url= http://kuscholarworks.ku.edu/dspace/bitstream/1808/6852/1/Bostwick%26Hoeflich%2054KanLRev1115.pdf |title=Arthur Corbin and the University of Kansas School of Law: Four Letters |year=2006 |first1=Donald |last1=Bostwick |first2=M.H. |last2=Hoeflich |volume=54 |page=1115 |journal=Kansas Law Review |access-date=August 5, 2014}} He earned his law degree from Yale Law School in 1899, graduating magna cum laude. Following graduation from Yale, he practiced law in Cripple Creek, Colorado. Corbin returned to Yale Law School 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 adopt more selective admission criteria, and he helped to implement and popularize the casebook method of legal study created by Christopher Columbus Langdell at Harvard Law School.

He was a founder of the American Law Institute and the first reporter of the Restatement (Second) of Contracts.

Scholarship and writings

Corbin wrote extensively in the field of contract law. His most famous work was the treatise Corbin on Contracts: A Comprehensive Treatise on the Working Rules of Contracts Law, the original version of which was eight volumes long and appeared in 1950 (though it has since been expanded).{{citation needed|date=August 2022}} This treatise is still used today in American law schools 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, judges 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 Harvard contracts scholar Samuel Williston, who was more of a formalist in his thinking.{{cite journal |first1=Peter |last1=Linzer |title=The Comfort of Certainty: Plain Meaning and the Parole Evidence Rule |volume=71 |journal=Fordham Law Review |page=799 |year=2002 |url=http://ir.lawnet.fordham.edu/flr/vol71/iss3/8 |access-date=August 5, 2014}} 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 92, 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.

His portrait is in the Yale Law School collection.

Works by Corbin

  • {{cite journal |title=Bibliography of the Published Writings of Arthur Linton Corbin |volume=74 |journal=Yale Law Journal |page=311 |year=1964}}
  • {{cite book |last1=Corbin |first1=Arthur L. |title=Corbin on Contracts |edition=One volume |location=St. Paul, Minnesota |publisher=West Publishing Co |year=1952 |isbn=9780314284334}}; subsequently revised by Joseph M. Perillo (1993), and then John E. Murray, Jr. & Timothy Murray.
  • {{cite journal |last1=Corbin |first1=Arthur L. |title=The Alumnus and the Law |volume=32 |journal=University of Kansas Law Review |page=763 |date=June 5, 1906 |edition=reprinted |orig-date=1984 |location=University of Kansas}}
  • {{cite journal |last1=Corbin |first1=Arthur L. |title=The Interpretation of Words and the Parol Evidence Rule |volume=50 |journal=Cornell Law Quarterly |publisher=Cornell Law School |page=161 |year=1965}}

See also

Notes

{{reflist|30em}}

Further reading

  • {{cite web |url=http://www.law.yale.edu/cbl/3075.htm |title=Early Years, 1869–1916: Arthur L. Corbin biography and portrait |publisher=Yale Law School |access-date=August 7, 2014}}
  • {{cite journal |first1=E. Allan |last1=Farnsworth |title=Contracts Scholarship in the Age of the Anthology |volume=85 |issue=5/6 |pages=1406–1462 |journal=Michigan Law Review |year=1987 |doi=10.2307/1289060|jstor=1289060 |url=https://repository.law.umich.edu/mlr/vol85/iss5/46 |url-access=subscription }}
  • {{cite book |last1=Gilmore |first1=Grant |author-link1=Grant Gilmore |year=1977 |title=The Ages of American Law |url=https://archive.org/details/agesofamericanla00gilm |url-access=registration |work=Storers Lecture Series |location=New Haven, Connecticut |publisher=Yale University Press |isbn=0300023529 }}
  • {{cite book |first1=Robert W. |last1=Gordon |title=Professors and Policymakers |first2=Anthony T., ed. |last2=Kronman |work=History of the Yale Law School |year=2004}}
  • {{cite journal |first1=Robert H. II |last1=Jerry |title=Arthur L. Corbin: His Kansas Connections |volume=32 |journal=University of Kansas Law Review |page=753 |year=1984}}
  • {{cite book |first1=Laura |last1=Kalman |title=Legal Realism at Yale, 1928–1960 |publisher=University of North Carolina Press |year=1986}}
  • {{cite journal |first1=Louis H. |last1=Pollak |first2=Ashbel Green |last2=Gulliver |first3=Fleming Jr. |last3=James |first4=Friedrich |last4=Kessler |title=Arthur Linton Corbin |jstor=794949 |volume=76 |issue=5 |journal=Yale Law Journal |pages=875–886 |url= http://heinonline.org/HOL/LandingPage?handle=hein.journals/ylr76&div=46&id=&page= |date=April 1967 |publisher=The Yale Law Journal Company, Inc}}{{subscription required}}
  • {{cite journal |first1=John Henry |last1=Schlegel |title=American Legal Realism and Empirical Social Science: The Singular Case of Underhill Moore |volume=29 |journal=Buffalo Law Review |publisher=University at Buffalo Law School |page=195 |year=1980}}

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{{DEFAULTSORT:Corbin, Arthur Linton}}

Category:1874 births

Category:1967 deaths

Category:American legal scholars

Category:American legal writers

Category:American philosophers of law

Category:University of Kansas alumni

Category:Yale Law School alumni

Category:Yale Law School faculty

Category:Scholars of contract law

Category:People from Linn County, Kansas

Category:People from Cripple Creek, Colorado

Category:Corresponding fellows of the British Academy