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A Historical Introduction to the Law of Obligations$
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David Ibbetson

Print publication date: 2001

Print ISBN-13: 9780198764113

Published to Oxford Scholarship Online: February 2010

DOI: 10.1093/acprof:oso/9780198764113.001.0001

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12. The Rise of the Will Theory

12. The Rise of the Will Theory

Chapter:
(p.220) 12. The Rise of the Will Theory
Source:
A Historical Introduction to the Law of Obligations
Author(s):

D. J. IBBETSON

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198764113.003.0013

This chapter focuses on the Will Theory. The Will Theory had a measure of intellectual coherence that the Common law wholly lacked, though this coherence had been to some extent bought at the expense of practical common sense. But its greatest demerit was that it was imposed on the Common law from the outside rather generated from within.

Keywords:   Will Theory, intellectual coherence, Common law

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