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Excerpt from The Foundations of Legal Liability, Vol. 2: A Presentation of the Theory In this, the second volume of the foundations OF legal liability, the author has undertaken to work out along historical and evolutionary lines the fundamental principles of our law of contract. The same method has been here pursued that was followed in the writing of the first volume, and the same general aim has been kept in view. Nevertheless, the result is appreciably different. The former volume is, within its limits, a rounded treatise on the subject of torts; the present volume is more in the nature of a preliminary study of the law of contract than a rounded treatise on that subject. In the former volume we were able to preserve a very satisfactory balance between matter of pure legal history and matter expository of legal principles. In this volume we have been forced to lay more stress on matter of pure legal history than on matter expository of the existing state of the law. The reason for this is to be found in certain grave difficulties which were encountered at the very threshold of these inquiries into the law of contract. The existence of these made it nec essary that some preliminary work of a very searching nature should be done. The author accordingly set about the doing of this preliminary work, and the result is the book that is now before the reader. It was thought better to deal fully and exhaustively with the root principles in our law of contract rather than to attempt a systematic presentation of the whole subject. Legal theory in the field of contract was found not to be ripe for that rounded scientific synthesis which, it is to be hoped, will some day appear. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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Excerpt from The Foundations of Legal Liability, Vol. 3: A Presentation of the Theory and Development of the Common Law We apprehend that the reason why the principles under lying the common-law actions are of permanent worth is to be found in the fact that those principles are indissolubly associated with fundamental conceptions of legal liability. It is true that the forms of action are the vestments or trap pings of substantive rights of action. But they are more than this. Historically they are the vehicle in which substantive principle has been conveyed to the teachable mind, and such conceptions of fundamental liability as those actions were capable of conveying are the conceptions which have been accepted in our law. Under the system of common-law pleading, lawyers and judges were compelled to do exact thinking. In choosing the form of action in framing the pleadings, as well as in the instruction of Juries, and even in the rendition of the judg ment, it was necessary in each case to anatomize the cause of action in order to ascertain the exact nature of the legal liability upon which the suit was based. Each particular species of liability had, or was supposed to have, its peculiar and appropriate remedy. A mistake in the diagnosis of the nature of the liability would lead to the adoption of the wrong form of action, and this at a later stage would certainly lead to a wreck of that particular lawsuit and perhaps to a loss of the right of action itself. Every cause of action was therefore certain under the common-law system to be sub jected, at one stage or another, to the closest scrutiny to ascertain the exact nature of the liability involved. The dis cassions to which this gave rise tended vastly to elucidate the principles underlying our law, and they form one of the richest elements in our court decisions. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
This comprehensive work traces the theory and development of common law, illuminating the foundations of legal liability. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.