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The Philosophical Origins of Modern Contract Doctrine : Clarendon Law - James Gordley

The Philosophical Origins of Modern Contract Doctrine

Clarendon Law

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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 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.

Industry Reviews

`Without doubt, this is a brilliant, and quite remarkable, scholarly book. Gordley's diagnosis is a powerful denial of the view that contract doctrine (and its accompanying theory) is basically a response to economic needs and class interests.' Lloyd's Maritime and Commercial Law Quarterly `'The Philosophical Origins of Modern Contract Doctrine is an important book...Professor Gordley's exposition of complex issues is a model of clarity...There is no doubt that he tells his story well.'' Legal History

ISBN: 9780198258308
ISBN-10: 0198258305
Series: Clarendon Law
Audience: Professional
Format: Paperback
Language: English
Number Of Pages: 270
Published: 11th February 1993
Country of Publication: GB
Dimensions (cm): 21.6 x 13.6  x 1.6
Weight (kg): 0.37