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This volume provides the first in-depth intellectual history of the contractual thought of Viscount Stair, a pivotal figure in the shaping of Scots Law. It traces the key influences from theology, philosophy, and natural law that through Stair contributed to a distinct approach to legal thought in Scotland.
List of contents
- Introduction: Transforming the Law of Contract
- 1: Contractual Thought Before Stair
- 2: Roman Law as a Source of Contract Law
- 3: A New Basis for the Law of Contract
- 4: Standing by the Faith of Pactions and Promises
- 5: Stair's 'Plain Method' and Structure
- 6: Human Action, the Will, and Freedom
- 7: Freedom, Liberty, and Conscience
- 8: Freedom to Contract in the Seventeenth Century
- 9: The Reception of Stair's Contractual Thought
About the author
Stephen Bogle is a Senior Lecturer in Private Law at the University of Glasgow. He graduated from the University of Edinburgh in 2005 with an MA (Mental Philosophy) before commencing his LLB at the University of Strathclyde (2007). After qualifying as a solicitor in Scotland (2010), he returned to the University of Edinburgh to do both his LLM by Research (2012) and PhD (2016).
Summary
This volume provides the first in-depth intellectual history of the contractual thought of Viscount Stair, a pivotal figure in the shaping of Scots Law. It traces the key influences from theology, philosophy, and natural law that through Stair contributed to a distinct approach to legal thought in Scotland.
Additional text
The great strength of this book is Bogle's attention to the complex philosophical and theological motivations underlying Stair's approach to contract law.
