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Blackstone, Kahn-Freund, and the Contract of Employment
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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 In 1977, the late Sir Otto Kahn-Freund had argued that Blackstone’s Commentaries gave an outdated account of master and servant because he followed in a particular tradition in English law, which led him to deal with the topic as part of the law of persons,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.
Title: Blackstone, Kahn-Freund, and the Contract of Employment
Description:
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In 1977, the late Sir Otto Kahn-Freund had argued that Blackstone’s Commentaries gave an outdated account of master and servant because he followed in a particular tradition in English law, which led him to deal with the topic as part of the law of persons,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.
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