Evaluating the Doctrine of Consideration: Part III (Reply)

Evaluating the Doctrine of Consideration: Part III (Reply)

Thank you, James Brinkley, for your in-depth elaboration on the differences between the liberty principle and the jurisdiction principle. I will like to put some more highlighting on some main points regarding the discussion.

First is the liberty principle. The principle stipulates that God created people in His image and gave them the liberty of exercising dominion by making sound promises to be enforceable at the law. According to this principle, people have the freedom and the freedom to act according to the code in the covenants. According to the constitution, there are limits to the freedom by ensuring that the States offers the remedies to people as a way of protecting life, property, and liberty of people. C. Scott Pryor, Consideration in the Common Law of Contracts: A Biblical-Theological Critique, 18Regent U. L. Rev. 1, 35 (2005). In the jurisdictional principle, things are somehow different; God delegates authority to human beings so that they can provide remedies to any contracts that concern the interests in the property, or life of an individual.

It is useful that the State needs to protect the property liberty of citizens. It is also challenging to evaluate all claims to the promises made by people. Even the biblical scriptures do not directly answer what should the city government do in enforcing some agreements. What is known is that God ordained the State to protect the freedom and property of people. Since people are created in the Image of God, they should exercise dominion over enforceable contracts, but in a Godly manner.

 

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