Contract before the Enlightenment : the ideas of James Dalrymple, Viscount Stair, 1619-1695 /
"This study explains the development and reception of Viscount Stair's innovative contractual ideas. By considering his philosophical and theological impulses this examination sheds new light upon what shaped his legal thought and shows the imprint of Aristotelianism, Grotius, and Calvin u...
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| Format: | eBook |
| Language: | English |
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Oxford :
Oxford University Press,
2023.
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| Edition: | First edition. |
| Series: | Oxford legal history series.
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| Subjects: | |
| Online Access: | Connect to the full text of this electronic book |
| Summary: | "This study explains the development and reception of Viscount Stair's innovative contractual ideas. By considering his philosophical and theological impulses this examination sheds new light upon what shaped his legal thought and shows the imprint of Aristotelianism, Grotius, and Calvin upon legal thought in Scotland. It explains how Stair broke new ground within the Roman law tradition by assimilating it with Protestant natural law. Importantly, this investigation demonstrates how Stair's Calvinist alteration of Grotius' natural law theory resulted in a unique viewpoint in comparison to his contemporaries: bare agreements and promises are binding; the human will is the central trigger for creation of contractual obligations; man has a God-given freedom by which to create contractual obligations that he should use to bring glory to God; and that the rules of contract should be informed by the needs of commerce as much as equity. It concludes by arguing that once the Calvinist theistic premises of Stair's contractual thought are dropped his approach bears the hallmarks of the natural law jurisprudence adopted by many of the leading moral philosophers of eighteenth-century Scotland"--Publisher's description. |
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| Physical Description: | 1 online resource (305 pages). |
| Bibliography: | Includes bibliographical references and index. |
| ISBN: | 0192884980 9780191980558 0191980552 9780192884985 |