Contract Law Essay Example | Topics and Well Written Essays - 2000 words - 3

Contract Law - Essay ExampleIn the early 1848, reform that introduced the New York Code of procedures took place1. This reform led to the abolishment of the reforms of action that was based on writ system. Initially, the introduction of the classical soundity with the introduction of New York Code of procedures seemed to be a remarkable step in legal philosophy reforms (Frank, 1975 182)2. The law spread to the parts of the world including the United Kingdom where it was mainly used to understand and determine trade matters. There emergence of the classical law has been contributed to by disparate schools of though with certain schools of though held that classical law or classical legal concepts, as they referred to it, bring into being and transformed the united states economic and social lives. 1. Holmes The Theory of Torts, 7 Am. L. Rev. 652 (1873) 2. Frank, W.F., (1975) the General Principles of English Law, London George G. Harrap & Co. Ltd, pp. 182-183 Moreover, the law or the legal though organized the legal elite along the utilitarianism and natural right. The classical law had nationalist or instrumentalist mode of the formative era. During the formative era, leaders of the bar, treatise writers, and the Supreme Court justices among otherwise legal players had the same conception of the law that was viewed to transform old conflicting schools of public opinion3. These legal players wanted legal thoughts and professions to match with science along the philosophical speculation as well as in the crudities of republican politics. This alliance of legal player influenced the legal outcome between the year 1865 and 1940 that was defined by the aged conservatism. The older conservatism was only realized among the professionals that constituted politicians and despoiling entrepreneurs who piled pressure on the framers, working class, and the public amuse. Therefore, classical law was introduced as an article of faith within the liberal historiograp hy of this time (Frank, 1975 183)2. From these two schools of thoughts, it is obvious that the classical law emerged to introduce reforms in both social and economic lives of people during the industrial enterprise period. agree to Milsom (1981 364)4, the law was introduced as a legal measure for autonomy. It aimed at narrowing the gap between varied social and economic classes since it seemed to offset the distinguishable result from economic interest and political power. However, both schools of thought have not addressed the autonomy of legal consciousness that led to the introduction of the law. The first percentage notes that the law was introduced to deal with specific concepts within the industrial era. However, on the other side, the second school of thought states that classical law emerged to deal with all the social, economic, and political discrepancies or inequality that emerged during the nineteenth century industrialization in Britain just like other parts of the world that was experiencing industrialization revolution. 3. Blackstone, W. (1973) Commentaries on the Laws of England. London Macmillan 4. Milsom, S.F.C., (1981) historical Foundations of the Common Law, London Butterworths, pp. 361-400 Some contributors of the emergence of the classical law note that before the civil warfare in the United States, there was a set of legal alliances among the legal elites within and outside America. This relationship comprised of legal system including private citizen of states,