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The Philosophical Origins of Modern Contract Doctrine (Paperback, New edition)
Loot Price: R1,955
Discovery Miles 19 550
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The Philosophical Origins of Modern Contract Doctrine (Paperback, New edition)
Series: Clarendon Law Series
Expected to ship within 12 - 17 working days
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Total price: R1,975
Discovery Miles: 19 750
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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.
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