THE UNIQUE NATURE OF THE CONCEPTS OF WESTERN LAW

Authors

  • J C SMITH

Keywords:

Jurisprudence

Abstract

In this article the author examines the legal constructs underlying modern Western law. First, the author compares the modern law of property and contract with primitive and archaic law. Next, the author discusses how legal constructs first appeared in Roman law, and suggests that their appearance was the most important factor in the development of classical Roman law. He also examines a thesis based on the development of constructs in Greek mathematical physical philosophy, and compares legal constructs with the constructs of mathematical physics. Finally, the author illustrates how the important constructs of Roman law were adopted by the common law, thus transforming the common law from an archaic to a modern legal system. In concluding his article the author suggests various techniques of analysis for further clarifying the nature of legal constructs.

Downloads

Total Downloads:

Download data is not yet available.

Downloads

Published

1968-05-01

Issue

Section

Legal Commentary