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This study explains the development and reception of Viscount Stair’s innovative contractual ideas. By considering his philosophical and theological impulses this examination sheds new light upon what shaped his legal thought and shows the imprint of Aristotelianism, Grotius, and Calvin upon legal thought in Scotland. It explains how Stair broke new ground within the Roman law tradition by assimilating it with Protestant natural law. Importantly, this investigation demonstrates how Stair’s Calvinist alteration of Grotius’ natural law theory resulted in a unique viewpoint in comparison to his contemporaries: bare agreements and promises are binding; the human will is the central trigger for creation of contractual obligations; man has a God-given freedom by which to create contractual obligations that he should use to bring glory to God; and that the rules of contract should be informed by the needs of commerce as much as equity. It concludes by arguing that once the Calvinist theistic premises of Stair’s contractual thought are dropped his approach bears the hallmarks of the natural law jurisprudence adopted by many of the leading moral philosophers of eighteenth-century Scotland.--

Contracts --- History --- Stair, James Dalrymple, --- Agreements --- Contract law --- Contractual limitations --- Limitations, Contractual --- Commercial law --- Legal instruments --- Obligations (Law) --- Juristic acts --- Liberty of contract --- Third parties (Law) --- Law and legislation --- Dalrymple, James, --- James, --- 1600-1699 --- Scotland. --- Caledonia --- Ecosse --- Schotland --- Scotia --- Škotska --- Sŭkʻotʻŭlland --- Great Britain

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"Professor Robert Rennie has been one of the most influential voices in Scots private law over the past thirty years. Highly respected as both an academic and a practitioner, his contribution to the development of property law and practice has been substantial and unique. This volume celebrates his retirement from the Chair of Conveyancing at the University of Glasgow in 2014 with a selection of essays written by his peers and colleagues from the judiciary, academia and legal practice. Each chapter covers a topic of particular interest to Professor Rennie during his career, from the historical development of property law rules through to the latest developments in conveyancing practice and the evolution of the rules of professional negligence. Although primarily Scottish in focus, the contributions will have much of interest to lawyers in any jurisdiction struggling with similar practical problems, particularly those with similar legal roots including the Netherlands and South Africa. As a whole, the collection is highly recommended to students, practitioners and academics."--Publisher's website.

Law - Non-U.S. --- Law, Politics & Government --- Law - Great Britain --- Rennie, Robert, --- Conveyancing --- Real property --- Negligence --- Guilt (Law) --- Liability (Law) --- Master and servant --- Accident law --- Damages --- Dolus (Civil law) --- Negligence, Contributory --- Reasonable care (Law) --- Torts --- Cadastral surveys --- Catastral surveys --- Freehold --- Limitations (Law) --- Property, Real --- Real estate --- Real estate law --- Realty --- Property --- Rent --- Law and legislation --- law --- property --- Scotland --- British law