The common law of England and the United States and the civil law of continental Europe have a similar doctrinal structure, a structure not found in the English cases or Roman legal texts from which they supposedly descend. In this study of common law legal philosophy the author argues that this structure was created in the 16th century in a self-conscious attempt to synthesize two powerful intellectual traditions - Roman law and the moral philosophy of Aristotle and Thomas Aquinas. The protagonists in this movement were a ...
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The common law of England and the United States and the civil law of continental Europe have a similar doctrinal structure, a structure not found in the English cases or Roman legal texts from which they supposedly descend. In this study of common law legal philosophy the author argues that this structure was created in the 16th century in a self-conscious attempt to synthesize two powerful intellectual traditions - Roman law and the moral philosophy of Aristotle and Thomas Aquinas. The protagonists in this movement were a group known to historians as the late scholastics or Spanish natural law school. Although the doctrines of the late scholastics were borrowed by later jurists, the Aristotelian philosophy on which these doctrines were founded lost its authority among educated people in the 17th and 18th centuries. 19th-century jurists re-introduced these doctrines but removed the Aristotelian concepts that they thought were wrong or unintelligible. The result was the "will theories" of contract in which contractual obligation was explained as far as possible in terms of the will of the parties. But without Aristotelian concepts it proved impossible to construct coherent doctrines and contract law fell into a state of confusion from which it is yet to emerge. The author demonstrates that by throwing light on the historical origins of this confusion it is possible to find answers to many of the philosophical puzzles which contract lawyers face today. Re-assessing the impact of modern philosophy upon contract law, he concludes that, modern philosophy having failed to provide a new basis for a coherent doctrinal system in the law of contract, the only hope for devising such a coherent system lies in re-discovering the neglected philosophy of Aristotle and Aquinas.
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Add this copy of The Philosophical Origins of Modern Contract Doctrine to cart. $70.00, good condition, Sold by Grey Matter Books rated 4.0 out of 5 stars, ships from Hadley, MA, UNITED STATES, published 1991 by Oxford University Press.
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Good in Good jacket. Review copy with the publisher's review slip laid in at the front. Pencil notes and underlining found throughout the text. Pages are bright, though the page edges are foxed. Binding is sturdy. Dust jacket is shelf rubbed and worn around the corners.
Add this copy of The Philosophical Origins of Modern Contract Doctrine to cart. $92.03, good condition, Sold by Anybook rated 4.0 out of 5 stars, ships from Lincoln, UNITED KINGDOM, published 1991 by Oxford Clarendon Press.
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This is an ex-library book and may have the usual library/used-book markings inside. This book has hardback covers. In good all round condition. Dust jacket in good condition. Please note the Image in this listing is a stock photo and may not match the covers of the actual item, 550grams, ISBN: 9780198256649.
Add this copy of The Philosophical Origins of Modern Contract Doctrine to cart. $110.79, very good condition, Sold by Burwood Books rated 4.0 out of 5 stars, ships from Wickham Market, SUFFOLK, UNITED KINGDOM, published 1991 by Clarendon Press, Oxford, 1991.
Add this copy of The Philosophical Origins of Modern Contract Doctrine to cart. $128.58, good condition, Sold by Bonita rated 4.0 out of 5 stars, ships from Newport Coast, CA, UNITED STATES, published 1991 by Oxford University Press.
