INTRODUCTION
In 2017, Professor Martin Hogg published a magisterial monograph on the subject of Obligations: Law and Language. From the outset of that work, the author notes that the words used by the parties to obligational relationships – even obligational relationships which are constituted ex voluntate – do not need to, and indeed do not generally, map on to the ‘fundamental structural language’ of the law. This ‘fundamental structural language’ can he understood as the lexicon comprised of those basic terms which are used by ‘external observers’ of obligational relationships – most often being lawyers, legislators and jurists – to ‘make sense’ of the law of obligations conceptually, as well as of specific undertakings in particular …
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Jonathan Brown, Medical Intervention and Incapax Patients: The Place of Negotiorum Gestio within Law’s ‘Fundamental Structural Language’ Edinburgh Law Review, volume 26, issue 3, pp 422-467 (2022).
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