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

Contract Law - Essay Example In 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 law with the introduction of New York Code of procedures seemed to be a significant step in law 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 different schools of though with certain schools of though held that classical law or classical legal thoughts, as they referred to it, shape 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 u tilitarianism 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 other legal players had the same conception of the law that was viewed to transform old conflicting schools of thought3. These legal players wanted legal thoughts and professions to match with science along the philosophical speculation as well as in the crudities of democratic politics. This alliance of legal player influenced the legal outcome between the year 1865 and 1940 that was defined by the older 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 â€Å"public interest†. Therefore, classical law was introduced as an article of faith within the liberal historiography of this time (Frank, 1975: 183)2. From these two sc hools of thoughts, it is apparent that the classical law emerged to introduce reforms in both social and economic lives of people during the industrialization period. According to Milsom (1981: 364)4, the law was introduced as a legal measure for autonomy. It aimed at narrowing the gap between different 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 contribution 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 revo lution. 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 war in the United States, there was a set of legal relationships among the legal elites within and outside America. This relationship comprised of legal system including private citizen of states,