James Gordley, The Philosophical Origins of Modern Contract Doctrine (1991).
From the publisher: 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.
Showing posts with label Law School (Contracts). Show all posts
Showing posts with label Law School (Contracts). Show all posts
God, Man, and Law: The Biblical Principles
Herbert W. Titus, God, Man, and Law: The Biblical Principles (Institute in Basic Life Principles 1994).
This important book, part casebook (it contains numerous court opinions), part history lesson, and part legal and theological treatise, addresses every important legal theme. It is divided into eight sections (God, Man, Legal Education, and Law; Law: The Biblical Foundations; Jurisdiction; Equality; Fault; Vow; Dominion; Restitution), and each section is followed by a set of study questions with scripture references, designed to lead the reader to the scriptures for answers to the important issues raised in the chapter. The text and interspersed readings do not provide pat answers, but point the reader to issues for deeper reflection and study.
With regard to the section on legal education, Dean Titus’s work addresses the history of American legal education and the impact of social Darwinism and scientific humanism on the law school (pp. 1-29).
Because of this structure and the book’s length (309 pages plus notes, index, and glossary), this book would be excellent for group discussion or as a source book for a bible study. Dean Titus writes in his introduction that his book is “designed to challenge the reader to develop a Biblical understanding of law, with particular focus on law in the United States of America.”
Note: Also available online here.
This important book, part casebook (it contains numerous court opinions), part history lesson, and part legal and theological treatise, addresses every important legal theme. It is divided into eight sections (God, Man, Legal Education, and Law; Law: The Biblical Foundations; Jurisdiction; Equality; Fault; Vow; Dominion; Restitution), and each section is followed by a set of study questions with scripture references, designed to lead the reader to the scriptures for answers to the important issues raised in the chapter. The text and interspersed readings do not provide pat answers, but point the reader to issues for deeper reflection and study.
With regard to the section on legal education, Dean Titus’s work addresses the history of American legal education and the impact of social Darwinism and scientific humanism on the law school (pp. 1-29).
Because of this structure and the book’s length (309 pages plus notes, index, and glossary), this book would be excellent for group discussion or as a source book for a bible study. Dean Titus writes in his introduction that his book is “designed to challenge the reader to develop a Biblical understanding of law, with particular focus on law in the United States of America.”
Note: Also available online here.
Mission Possible
C. Scott Pryor, Mission Possible: A Paradigm for Analysis of Contractual Impossibility at Regent University, 74 St. John’s L. Rev. 691 (2000).
Professor Pryor sets out a detailed model for accomplishing one subset of the mission of biblical integration: a “theologically informed historical development of the foundations of the law.” In doing so, he evaluates from many angles every aspect of a theologically-driven mission.
As part of his article on the mission of Regent Law School, Professor Pryor demonstrates the application of his suggested models to the area of contractual impossibility.
Professor Pryor sets out a detailed model for accomplishing one subset of the mission of biblical integration: a “theologically informed historical development of the foundations of the law.” In doing so, he evaluates from many angles every aspect of a theologically-driven mission.
As part of his article on the mission of Regent Law School, Professor Pryor demonstrates the application of his suggested models to the area of contractual impossibility.
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