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Law, Lawyers, and HumanismSelected Essays on the History of Scots Law, Volume 1$
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John W Cairns

Print publication date: 2015

Print ISBN-13: 9780748682096

Published to Edinburgh Scholarship Online: January 2018

DOI: 10.3366/edinburgh/9780748682096.001.0001

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Blackstone, Kahn-Freund, and the Contract of Employment

Blackstone, Kahn-Freund, and the Contract of Employment

(p.482) 17 Blackstone, Kahn-Freund, and the Contract of Employment*
Law, Lawyers, and Humanism

John W Cairns

Edinburgh University Press

This chapter shows the importance of comparative study in legal history. In 1977, the late Sir Otto Kahn-Freund had argued that Blackstone’s Commentaries gave an outdated account of master and servant because he followed in a particular tradition in English law, which led him to deal with the topic as part of the law of persons, rather than of contract. Sir Otto was a noted comparative lawyer, and he drew a contrast with the account of this topic in Pothier. In fact, the comparison was inappropriate; comparison with other institutional writers from France and Scotland shows that their accounts were comparable to those of Blackstone — they all included an account of master and servants in their book on persons.

Keywords:   Scots law, legal history, comparative study, Otto Kahn-Freund, William Blackston, master, servant

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