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15. Legal Change and Legal Continuity

D. J. IBBETSON

in A Historical Introduction to the Law of Obligations

Published in print:
2001
Published Online:
February 2010
ISBN:
9780198764113
eISBN:
9780191709852
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198764113.003.0016
Subject:
Law, Law of Obligations, Legal History

This chapter argues that legal change occurs by filling in gaps between the rules in the way that seems the most convenient or most just at the time; through twisting rules, or rediscovering old ... More


Prologue: The Prehistory of the English Law of Obligations

D. J. IBBETSON

in A Historical Introduction to the Law of Obligations

Published in print:
2001
Published Online:
February 2010
ISBN:
9780198764113
eISBN:
9780191709852
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198764113.003.0001
Subject:
Law, Law of Obligations, Legal History

The Common law of obligations grew out of the intermingling of native ideas and sophisticated Roman learning. The friction between them was a prime force for legal change, and has remained so right ... More


2. Unity and Fragmentation of the Medieval Law of Contract

D. J. IBBETSON

in A Historical Introduction to the Law of Obligations

Published in print:
2001
Published Online:
February 2010
ISBN:
9780198764113
eISBN:
9780191709852
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198764113.003.0003
Subject:
Law, Law of Obligations, Legal History

This chapter shows that with the emergence of the action of covenant as a specifically and exclusively contractual remedy, set the stage for the Common law of obligations to align itself with Roman ... More


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