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The Philosophical Origins of Modern Contract Doctrine
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. Re-assessing 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 re-discovering the neglected philosophy of Aristotle and Aquinas.
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. Re-assessing 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 re-discovering the neglected philosophy of Aristotle and Aquinas.
- GenresLaw
270 pages, Hardcover
First published January 1, 1991
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