Page 158 - Latent Defect or Excessive Price?Exploring Early Modern Legal Approach to Remedying Defects in Goods Exchanged for Money - Bruijn

CHAPTER THREE
societatis finds its harbingers in Aquinas' convictum hominum and Matienzo's coniunctio civilis (3.2.2.4). Though cloaked in a more secular natural law clothing, scholars such as Pothier, Portalis and Windscheid use terminology which can be traced back to theories first formulated in the halls of the collegios of the university of Salamanca. They all take fairness in exchange as a starting point for their inquiries into the nature of contractual liability. However, before exploring these 17 th, 18th 19th century manifestations of natural law thinking, the next chapter focuses on legal humanism. This current of legal thought brought together the medieval legal tradition and a renewed sense of law's historical dimensions. Its eclectic approach to law left a strong imprint on legal thinking in subsequent ages, for which reason a study of legal humanism cannot be omitted from this book.
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