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Positivism In The English Law Of Contract, Andrew B.L. Phang

Research Collection Yong Pung How School Of Law

While there has been no paucity of theoretical discussion on the law of contract,’ there has, in English law at least, been little clear evidence from the courts themselves which particular jurisprudential approach is favoured.2 This is not surprising, given the rather formal nature of the English legal system.’ Herein, perhaps, lies a clue - that English law in general and its contract law in particular are generally oriented towards so-called ‘black letter law’; or, to be more precise, that the generally favoured conception of law is that of po~itivism.~ Asalready mentioned, however, there has been little express acknowledgement of …