Chapter

Promising and Natural Law

P. S. Atiyah

in Promises, Morals, and Law

Published in print January 1983 | ISBN: 9780198254799
Published online March 2012 | e-ISBN: 9780191681530 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198254799.003.0002
Promising and Natural Law

Show Summary Details

Preview

The chapter discusses the profound difference between the views of the Natural Lawyers and modern English lawyer concerning issues of promise. The fact that a promise was ‘naturally’ binding was a matter of fundamental principle to the Natural Lawyer. His whole approach led him to see things in black-and-white terms, and to attempt to draw clear lines between closely related phenomena. The modern common lawyer is a pragmatist who cares little for rigid principles: all principles are subject to exceptions, and whether a case falls within a principle or an exception is often conceded to be a matter of degree and judgment.

Keywords: Natural Lawyers; modern lawyers; pragmatism; principles; exceptions

Chapter.  8538 words. 

Subjects: Civil Law

Full text: subscription required

How to subscribe Recommend to my Librarian

Buy this work at Oxford University Press »

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.