1. This is by no means universal, even in theory. The influence of the objective approach has been considerable in some jurisdictions: Reinhard Zimmermann,Roman Law, Contemporary Law, European Law: The Civilian Tradition Today(Cambridge University Press, 2001) 131.
2. Gordley (n 1) 82. As Gordley notes, however, it is not clear that Aquinas consistently holds this view. Aquinas' view is discussed in the text accompanying n 18.