Excerpt from The Doctrine of Consideration: Treated Historically and Comparatively, Treatise Approved for the Degree of Doctor of Laws in the University of London
It gives me great pleasure to introduce this book in a few words of recommendation. The subject is one of unusual interest. There is probably no other legal topic, except perhaps Negligence, which lends itself so kindly to scholarly and philosophic treatment. The professional Advocate may lay aside Dr. Daruvala"s book with a sigh and a sneer declaring it to be altogether unpractical and of no use for the immediate purposes of forensic argument; but the jurist, the student of comparative law, the philosophic analyst of legal notions, will accord it a warm welcome, and find in its crowded pages remarkable treasures of out-of-the-way knowledge, a very fascinating and complete exposition of the origin and growth of our present Doctrine of Consideration, conscientiously worked out in the light of history and comparative jurisprudence. It is not, I think, too much to say that the subject has never yet been so thoroughly exhausted. In England the development of the Doctrine of Consideration, rooted perhaps in the early Roman law, was so characteristically organic, so intimately bound up with the life of the times, always rather genetic than consciously telic, that a review of its progress from archaic simplicity, through many legal fictions and formulary actions to its final nice complexity, shows along its whole course in quaint pictures and side lights, the general, national and social processes with which it so accurately corresponds.
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