Jump to ContentJump to Main Navigation
A Historical Introduction to the Law of Obligations$
Users without a subscription are not able to see the full content.

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

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 30 November 2021

15. Legal Change and Legal Continuity

15. Legal Change and Legal Continuity

(p.294) 15. Legal Change and Legal Continuity
A Historical Introduction to the Law of Obligations


Oxford University Press

This chapter argues that legal change occurs by filling in gaps between the rules in the way that seems the most convenient or most just at the time; through twisting rules, or rediscovering old ones; through reformulating claims into a different conceptual category; through intervening new rules that get tacked onto existing ones; through injecting shifting ideas of fairness or justice; and through adopting wholesale procrustean theoretical frameworks into which existing law can be squeezed. Whatever changes occurred at the surface of law, and whatever accretions have been incorporated into its fabric, at a deep level the structure of the Common law of obligations remained slow-moving.

Keywords:   Common law of obligations, fairness, justice, legal change

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .