This book investigates the historical and philosophical origins of modern contract doctrine to determine why common and civil law systems share a structure not found in their foundational legal texts. James Gordley, a scholar of comparative law and legal history, utilizes a comparative analysis of English common law, continental civil law, and classical philosophy. He argues that modern philosophical attempts to ground contract law have failed, suggesting that a return to Aristotelian and Thomistic principles offers the most viable path toward a coherent legal framework.

Legal scholars and historians frequently cite this work as a foundational text for understanding the intersection of classical philosophy and modern contract law. Readers often note the academic density of the prose, which requires a strong background in legal theory to fully appreciate the author's arguments.