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Frederick Pollock and the English Juristic Tradition$
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Neil Duxbury

Print publication date: 2004

Print ISBN-13: 9780199270224

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199270224.001.0001

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JURISTS’ LAW

JURISTS’ LAW

Chapter:
(p.184) 5 JURISTS’ LAW
Source:
Frederick Pollock and the English Juristic Tradition
Author(s):

NEIL DUXBURY

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199270224.003.0005

This chapter examines the arguments underlying, and the influence of, Pollock’s treatise writing. It explains that like Lord Mansfield, Pollock believed that the law does not consist of particular cases, but of the general principles illustrated and explained in those cases. It discusses that Pollock’s many editions of his two great treatises, Principles of Contract and The Law of Torts, are very much exercises in capturing the principles latent in what are often fragmentary bodies of doctrine. This chapter examines just how Pollock highlights contract and torts through principle.

Keywords:   treatise writing, Lord Mansfield, Principles of Contract, The Law of Torts, doctrine

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