ENGLISH

The Philosophical Origins of Modern Contract Doctrine

By James Gordley

Book information

Publisher
Clarendon Press
Year
1993
ISBN
0198258305, 9780198258308
Language
english
Format
PDF
Filesize
15 MB (15344655 bytes)
Series
Clarendon Law Series
Pages
viii+264\273
Topic
Jurisprudence Law
Time added
2018-05-14 04:24:44
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Description

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 original and unorthodox study of common law and legal philosophy the author throws light on the historical origins of this confusion and in doing so attempts to find answers to many of the philosophical puzzles which contract lawyers face today. Reassessing the impact of modern philosophy upon contract law, the author 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 rediscovering the neglected philosophy of Aristotle and Aquinas.

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