Publication Type
Journal Article
Publication
Singapore Law Journal (Lexicon)
Publication Date
6-2024
Abstract
In a previous essay, an attempt was made to demonstrate the important role that both theory and history play in helping us to understand and develop the common law of contract. As pointed out in that essay, a comprehensive treatment of the subject would require lengthy discourse in a book or even several books. This essay follows-up on that previous essay, again by way of preliminary reflections only, to correct the dominant perception that the development of the common law in general and contract law in particular is premised mainly on doctrinal development based on logic and analogy with the occasional reference to public policy. However, as is not unexpected in the context of imperfect knowledge in an imperfect world, whilst theory and history do often contribute to such development as well, this is not always the case.
Disciplines
Asian Studies | Contracts
Subject(s)
Applied or Integration/Application Scholarship
ISSN/ISBN
2737-5048
Publisher
SMU Lexicon, SMU School of Law
Version
publishedVersion
Copyright Holder
Singapore Management University
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.
Format
application/PDF
Citation
PHANG, Hon. Andrew.
The importance of theory and history in understanding and developing the common law of contract – some further preliminary reflections. (2024). Singapore Law Journal (Lexicon). 4, 1-33.
Available at: https://ink.library.smu.edu.sg/sljlexicon/34
Volume
4
Page
1-33
Research Area
Asian and Comparative Legal Systems