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Contract Before the Enlightenment represents a fresh investigation
of what was then a ground-breaking approach to the law of contract
written by James Dalrymple, Viscount Stair (1619-1695), lauded by
some as the founding father of Scots law. As a judge and public
figure, Stair was at the forefront of both political and legal
developments in Scotland from the 1640s until he died in 1695. This
study explores the development and reception of his ideas relating
to the law of contract on the eve of the Scottish Enlightenment. It
is here that Stair's legal legacy is most evident, and where the
imprint of Calvinism, Aristotelianism, and Protestant natural law
can be found within Scottish legal thought. In his legal treatise,
the Institutions of Law of Scotland you find a sophisticated,
innovative, and novel synthesis of Roman law with Stair's own
Calvinist variant of a Protestant natural law theory. Yet it is
also possible to find, once the theistic premises of Stair's
natural law theory are dropped, the beginnings of a form of
Scottish moral philosophy that rose to prominence in the eighteenth
century. Undoubtedly, Stair is not only a key figure within
Scottish legal history but also significant to how we understand
the transition of Scottish intellectual life from the execution of
Charles I to the emergence of the Scottish Enlightenment.
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