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"The Case of the Speluncean Explorers" is an article by legal philosopher Lon L. Fuller first published in the Harvard Law Review in 1949. Largely taking the form of a fictional judgment, it presents a legal philosophy puzzle to the reader and five possible solutions in the form of judicial opinions that are attributed to judges sitting on the ...
Lon Luvois Fuller (June 15, 1902 – April 8, 1978) was an American legal philosopher best known as a proponent of a secular and procedural form of natural law theory. Fuller was a professor of law at Harvard Law School for many years, and is noted in American law for his contributions to both jurisprudence and the law of contracts .
L Fuller, ‘Consideration and Form’ (1941) 41 Columbia Law Review 799; P Critchley, 'Taking Formalities Seriously' in S Bright and J Dewar (eds), Land Law - Themes and Perspectives (OUP 1998) ch 20; Reports. Law Commission, Transfer of Land: Formalities for Deeds and Escrows (1985) Working Paper No 93
"Past consideration is no consideration": consideration must be "executory" or "executed", but not "past"; that is, consideration must be supplied in the present or in the future, but things done beforehand cannot be good consideration. [5] ex nudo pacto actio non oritur; Dyer's case (1414) 2 Hen. 5, 5 Pl. 26
The Form: And its burden should be equal and apply to all. Aquinas says that the disobedience should not itself cause harm or lead people into evil. He refers to Isaiah establishing that it is always lawful to avoid oppression. In Civil Disobedience, Henry David Thoreau also called into question the legitimacy of any law that was unjust. He says:
Jurisprudence, also known as theory of law or philosophy of law, is the examination in a general perspective of what law is and what it ought to be.It investigates issues such as the definition of law; legal validity; legal norms and values; as well as the relationship between law and other fields of study, including economics, ethics, history, sociology, and political philosophy.
"Institutional Settlement." As the name suggests, the legal process school was deeply interested in the processes by which law is made, and particularly in a federal system, how authority to answer various questions is distributed vertically (as between state and federal governments) and horizontally (as between branches of government) and how this impacts on the legitimacy of decisions.
Consideration may move from the promisee or any other person. Under Indian law, consideration may be from the promisee of any other person i.e., even a stranger. This means that as long as there is consideration for the promisee, it is immaterial who has furnished it. Consideration must be an act, abstinence or forbearance or a returned promise.