Contract Before the Enlightenment: The Ideas of James Dalrymple, Viscount Stair, 1619-1695
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| Management number | 201828495 | Release Date | 2025/10/08 | List Price | $62.49 | Model Number | 201828495 | ||
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Contract Before the Enlightenment delves into James Dalrymple, Viscount Stair's (1619-1695) groundbreaking approach to the law of contract, which was praised as the founding father of Scots law. The study explores the development and reception of his ideas relating to the law of contract on the eve of the Scottish Enlightenment, highlighting his Calvinist variant of Protestant natural law theory and the beginnings of Scottish moral philosophy. Stair is a significant figure in Scottish legal history and the transition from the execution of Charles I to the Scottish Enlightenment.
Format: Hardback
Length: 304 pages
Publication date: 23 March 2023
Publisher: Oxford University Press
Contract Before the Enlightenment is a groundbreaking exploration of the law of contract written by James Dalrymple, Viscount Stair (1619-1695), who is widely regarded as the founding father of Scots law. As a judge and prominent public figure, Stair played a pivotal role in shaping political and legal developments in Scotland from the 1640s until his death in 1695. This study delves into the evolution and reception of Stair's ideas concerning the law of contract on the eve of the Scottish Enlightenment. It is within this context that Stair's legal legacy becomes most apparent, and the influence of Calvinism, Aristotelianism, and Protestant natural law can be observed in Scottish legal thought.
In his legal treatise, The Institutions of Law of Scotland, Stair presents a sophisticated, innovative, and novel synthesis of Roman law with his Calvinist variant of a Protestant natural law theory. However, upon removing the theistic premises of Stair's natural law theory, one can discern the beginnings of a form of Scottish moral philosophy that gained prominence in the eighteenth century. Undoubtedly, Stair holds a significant place in Scottish legal history, but his influence extends beyond that to our understanding of the transition from the execution of Charles I to the emergence of the Scottish Enlightenment.
Weight: 610g
Dimension: 163 x 241 x 27 (mm)
ISBN-13: 9780192884961
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