The Sanctity of Contracts in English Law - College of Social ...

Nineteenth Century Views of Contracts 15purpose of the law of contract. There was forexample the historical school with its emphasison the gradual evolution of legal institutions, itsappreciation of the social and economic backgroundof those institutions and its great respect for thenational and individual characteristics in which legalsystems developed. Thus Maine declared that " thejurist, properly so called, has nothing to do with anyideal standard of law or morals." 33 Its outlook wasmarkedly traditionalist and it was on the wholepassive in its general attitude to law. Neverthelessfor this school the law of contract was speciallyimportant; for it was at the same time a mediumwhereby different communities and individuals gavenatural spontaneous expression to their convictionsand aspirations, and part of a process inevitable inthe general march of the spirit in history, evolvingliberation from the bonds of status. To use the wordsof Sir George Paton in a somewhat different context,since contract was the legal category which gave thegreatest means of self-expression its sphere was notonly increasing, but ought to be increased. The dictum"status to contract" became not merely a convenientgeneralisation of certain aspects of legal history butan external principle the onward march of whichcould not be stayed. 34THE " WILL. THEORY " OF CONTRACTSAnother theory that had considerable influenceduring the latter part of the nineteenth century was33 Early History of Institutions, 360-370.34 Jurisprudence, 1st ed., p. 293.