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Author : David N. Mayer
Publisher : Cato Institute
Page : 202 pages
File Size : 40,5 Mb
Release : 2011-01-16
Category : Law
ISBN : 9781935308409
Examines the history of the liberty of contract and shows how this right has been continuously diminished by court decisions and by our country's growing regulatory and welfare state.
Author : Anonim
Publisher : Stanford University Press
Page : 394 pages
File Size : 53,5 Mb
Release : 1998-09
Category : Electronic
ISBN : 9780804765275
The relationship of law to economic freedom has been a vital element in the history of all modern democratic societies. "Freedom of contract" is both a technical term in law, referring to private agreements and promises, and a metaphor often deployed to describe economic liberty. This volume of new essays by eminent legal historians offers fresh perspectives on freedom of contract in both senses of the term, and considers how economic freedom relates to such classic political freedoms as free speech and other Anglo-American constitutional norms. The principal focus of the essays is on broad issues of policy and law, rather than on narrow considerations of legal doctrine. All the contributors reject stereotypes that pervade the existing literature about the allegedly unalloyed individualism of the common law, and show how active state interventions of various kinds have shaped contract law in relation to social change throughout our legal history. Equally, however, they reject shibboleths regarding "bringing the state back in," and take a hard look at the claims of statist ideology regarding the norms and rules that have established the legal boundaries of liberty in the modern industrial and post-industrial eras. The topics covered are Blackstone's claim that property was the "despotic dominion of the private owner" (A. W. B. Simpson), labor and contract (John V. Orth), the influence of philosophical trends on legal innovations (James Gordley), contract and individualism (David Lieberman), the tradition of public rights (Harry N. Scheiber), the formal concept of "liberty of contract" in American law (Charles McCurdy), the interwoven history of labor law and contract law (Arthur McEvoy), public policy in relation to natural resources (Donald Pisani), and globalization of freedom of contract (Martin Shapiro).
Author : Richard A. Epstein
Publisher : Routledge
Page : 424 pages
File Size : 46,7 Mb
Release : 2013-10-15
Category : Law
ISBN : 9781135699581
First Published in 2000. Where a well-run society should rest on the continuum between public and private control has been the most contentious and thorny issue of legal and social theory throughout the generations. This series sets out to provide answers to this ongoing dispute contained in the five volumes of material assembled. The collection draws from many disciplines, including economics, law, philosophy and political science. Yet they are all directed to a topic that is worthy of examination from multiple perspectives: Liberty, Property and the Law.
Author : Richard A. Epstein
Publisher : Routledge
Page : 430 pages
File Size : 49,7 Mb
Release : 2013-10-15
Category : Law
ISBN : 9781135699932
First Published in 2000. This is a collection of essays that look at the Constitutional protection of private property and freedom of contract, and forms part of the Liberty, Property and Law series where the materials in this collection are drawn from many disciplines, including economics, law, philosophy and political science.
Author : American School (Chicago, Ill.),Roger Foster
Publisher : Unknown
Page : 63 pages
File Size : 52,7 Mb
Release : 1922
Category : Labor
ISBN : OCLC:28043731
Author : John Stuart Mill
Publisher : Unknown
Page : 404 pages
File Size : 43,5 Mb
Release : 1895
Category : Liberty
ISBN : HARVARD:32044024786071
Author : P. S. Atiyah
Publisher : Unknown
Page : 0 pages
File Size : 51,5 Mb
Release : 2018
Category : Contracts
ISBN : OCLC:1388521508
The impact of freedom of contract in the 19th century extended far beyond the legal arena as an economic slogan and an ethical attitude. Atiyah traces the development and subsequent decline of the freedom of contract, depicting its effects on the law's development and the foundation of contractual obligations, as well as its broader implications for 19th century English life.
Author : Roger Foster
Publisher : Palala Press
Page : 76 pages
File Size : 46,5 Mb
Release : 2018-02-21
Category : History
ISBN : 1378394267
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Author : James M. Buchanan
Publisher : Unknown
Page : 473 pages
File Size : 44,9 Mb
Release : 2001
Category : Business & Economics
ISBN : 0865972435
Constitutional political economy is the theme of the papers collected in this volume. This entire area of contemporary economic thought is a legacy of James M. Buchanan. In outlining the importance of this volume to the contemporary study of economics and to the work of James M. Buchanan, Robert D. Tollison states in his foreword, "Buchanan literally founded the field of constitutional political economy. . . . [His] insistence on the importance of rules was an important innovation in economics, and, over the past thirty years or so, the analytical and empirical relevance of Buchanan’s constitutional perspective has become apparent.” The thirty-five papers represented in this volume are grouped into these major subject categories: 1.Foundational Issues 2.The Method of Constitutional Economics 3.Incentives and Constitutional Choice 4.Constitutional Order 5.Market Order 6.Distributional Issues 7.Fiscal and Monetary Constitutions 8.Reform For Buchanan, his work in constitutional political economy is just the first step. He is concerned with inducing economists and other scholars to take the constitutional problem seriously. As they do, says Robert D. Tollison, "the face of modern economics will be changed.” James M. Buchanan is an eminent economist who won the Alfred Nobel Memorial Prize in Economic Sciences in 1986 and is considered one of the greatest scholars of liberty in the twentieth century. The entire series will include: Volume 1: The Logical Foundations of Constitutional Liberty Volume 2: Public Principles of Public Debt Volume 3: The Calculus of Consent Volume 4: Public Finance in Democratic Process Volume 5: The Demand and Supply of Public Goods Volume 6: Cost and Choice Volume 7: The Limits of Liberty Volume 8: Democracy in Deficit Volume 9: The Power to Tax Volume 10: The Reason of Rules Volume 11: Politics by Principle, Not Interest Volume 12: Economic Inquiry and Its Logic Volume 13: Politics as Public Choice Volume 14: Debt and Taxes Volume 15: Externalities and Public Expenditure Theory Volume 16: Choice, Contract, and Constitutions Volume 17: Moral Science and Moral Order Volume 18: Federalism, Liberty, and the Law Volume 19: Ideas, Persons, and Events Volume 20: Indexes
Author : Michael J. Trebilcock
Publisher : Harvard University Press
Page : 326 pages
File Size : 43,9 Mb
Release : 1997-03-25
Category : Law
ISBN : 0674534301
Our legal system is committed to the idea that private markets and the law of contracts that supports them are the primary institutions for allocating goods and services in a modern economy. Yet the market paradigm, this book argues, leaves substantial room for challenge. For example, should people be permitted to buy and sell blood, bodily organs, surrogate babies, or sexual favors? Is it fair to allow people with limited knowledge about a transaction and its consequences to enter into it without guidance from experts?
Author : David E. Bernstein
Publisher : University of Chicago Press
Page : 208 pages
File Size : 46,6 Mb
Release : 2011-05-01
Category : Law
ISBN : 9780226043180
In this timely reevaluation of an infamous Supreme Court decision, David E. Bernstein provides a compelling survey of the history and background of Lochner v. New York. This 1905 decision invalidated state laws limiting work hours and became the leading case contending that novel economic regulations were unconstitutional. Sure to be controversial, Rehabilitating Lochner argues that the decision was well grounded in precedent—and that modern constitutional jurisprudence owes at least as much to the limited-government ideas of Lochner proponents as to the more expansive vision of its Progressive opponents. Tracing the influence of this decision through subsequent battles over segregation laws, sex discrimination, civil liberties, and more, Rehabilitating Lochner argues not only that the court acted reasonably in Lochner, but that Lochner and like-minded cases have been widely misunderstood and unfairly maligned ever since.
Author : Lysander Spooner
Publisher : ReadHowYouWant.com
Page : 168 pages
File Size : 53,5 Mb
Release : 1845
Category : Slavery
ISBN : HARVARD:32044020403317
Author : Solène Rowan
Publisher : Oxford University Press on Demand
Page : 292 pages
File Size : 42,5 Mb
Release : 2012-01-26
Category : Law
ISBN : 9780199606603
Presenting a comprehensive and timely examination of remedies for breach of contract, this text analyses and challenges fundamental features of English contract law.
Author : Roger Foster
Publisher : Unknown
Page : 80 pages
File Size : 52,5 Mb
Release : 1912
Category : Labor contract
ISBN : HARVARD:32044053411997
Author : David Andrew Schultz
Publisher : Infobase Publishing
Page : 923 pages
File Size : 48,8 Mb
Release : 2010-05-18
Category : Juvenile Nonfiction
ISBN : 9781438126777
Covers the people, court cases, historical events, and terms relating to one of the most studied political documents in schools across the country, the United States Constitution.
