ABSTRACT
No respectable legal historian would suggest that an analysis of the law should be undertaken without regard to the society in which it operates. Context should not however exclude all other considerations. Various features of the law of contract in quite different societies show lawyers grappling with some problems which, if not identical, are on closer inspection, quite similar. Some very ancient legal problems may even have resonance for us today. This observation is not a reflection of some legal land of lost content, nor some nostalgic vision of a golden age, nor even a theory of legal transplants. Real differences between legal systems exist but should not preclude us from making valid comparisons. For want of a better terminology these might be termed echoes – or a study of the way that different legal systems approach analogous problems.
Swain, Warren, The Law of Contract and the Land of Lost Content (August 2, 2024).
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