Catalog

HISTORY OF THE DOCTRINE OF CONSIDERATION IN ENGLISH LAW

Jenks, Edward


Item #: 5884
Published: Union; Lawbook Exchange, Ltd.; 2004.

Subjects: LEGAL HISTORY, LEGAL PROFESSION, UNITED KINGDOM

Jenks defines the doctrine of consideration as it waspracticed in the 1890's and traces its evolution to itsorigins in the twelfth century. He argues "the doctrine ofconsideration was apparently unknown to the Roman jurists...It came into English law purely as a matter of accident, asan incidental consequence of a special manner of proof; andit was not until it was familiar in this capacity that menperceived its value as a doctrine of substantive law." (pp.224-225) The work of no single mind, this evolutionaryprocess demonstrated that "the English nation, while it hasperhaps produced a few individual lawyers of genius, has inits corporate capacity manifested something like anunconscious genius for law." (p.225)Reprinted by Lawbook Exchange, Ltd.Distributed by William S. Hein & Co., Inc.

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