Commentary on Professor Kastely’s Rhetorical Analysis Symposium: Reflections on the International Unfication of Sales Law

Winship, Peter | January 1, 1988

I am pleased to add Professor Kastely’s Article1 to my growing collection of English-language commentaries on the Sales Convention. Many of the early commentaries are descriptive. They sketch the background and present status of the Convention and then provide a doctrinal gloss to all or part of the text. Recent commentaries are more diverse, and while the descriptive pieces continue, some of the recent literature probes the Convention text more deeply, frequently approaching it from new perspectives. Professor Kastely’s rhetorical analysis of the Convention text clearly falls among these more provocative commentaries. I commend in particular her identification and discussion of the values implicit in the Convention text, as well as her more specific analysis of the scope of the Convention’s trade usage provision in Article 8. On these topics, as well as others, she provides insight that will be of interest to both academics and practitioners.’