The State And Freedom Of Contract

Author : Anonim
Publisher : Stanford University Press
Page : 394 pages
File Size : 49,5 Mb
Release : 1998-09
Category : Electronic
ISBN : 9780804765275

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The State and Freedom of Contract by Anonim Pdf

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 : Michael J. Trebilcock
Publisher : Harvard University Press
Page : 310 pages
File Size : 51,7 Mb
Release : 1997-03-25
Category : Law
ISBN : 9780674979901

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The Limits of Freedom of Contract by Michael J. Trebilcock Pdf

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.

Author : F. H. Buckley
Publisher : Duke University Press
Page : 479 pages
File Size : 44,9 Mb
Release : 1999-08-27
Category : Law
ISBN : 9780822380122

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The Fall and Rise of Freedom of Contract by F. H. Buckley Pdf

Declared dead some twenty-five years ago, the idea of freedom of contract has enjoyed a remarkable intellectual revival. In The Fall and Rise of Freedom of Contract leading scholars in the fields of contract law and law-and-economics analyze the new interest in bargaining freedom. The 1970s was a decade of regulatory triumphalism in North America, marked by a surge in consumer, securities, and environmental regulation. Legal scholars predicted the “death of contract” and its replacement by regulation and reliance-based theories of liability. Instead, we have witnessed the reemergence of free bargaining norms. This revival can be attributed to the rise of law-and-economics, which laid bare the intellectual failure of anticontractarian theories. Scholars in this school note that consumers are not as helpless as they have been made out to be, and that intrusive legal rules meant ostensibly to help them often leave them worse off. Contract law principles have also been very robust in areas far afield from traditional contract law, and the essays in this volume consider how free bargaining rights might reasonably be extended in tort, property, land-use planning, bankruptcy, and divorce and family law. This book will be of particular interest to legal scholars and specialists in contract law. Economics and public policy planners will also be challenged by its novel arguments. Contributors. Gregory S. Alexander, Margaret F. Brinig, F. H. Buckley, Robert Cooter, Steven J. Eagle, Robert C. Ellickson, Richard A. Epstein, William A. Fischel, Michael Klausner, Bruce H. Kobayashi, Geoffrey P. Miller, Timothy J. Muris, Robert H. Nelson, Eric A. Posner, Robert K. Rasmussen, Larry E. Ribstein, Roberta Romano, Paul H. Rubin, Alan Schwartz, Elizabeth S. Scott, Robert E. Scott, Michael J. Trebilcock

Author : P. S. Atiyah
Publisher : Unknown
Page : 0 pages
File Size : 40,9 Mb
Release : 2018
Category : Contracts
ISBN : OCLC:1388521508

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The Rise and Fall of Freedom of Contract by P. S. Atiyah Pdf

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 : Michael J. Trebilcock,University of Toronto. Faculty of Law
Publisher : Unknown
Page : 128 pages
File Size : 55,8 Mb
Release : 1990
Category : Contracts
ISBN : OCLC:222227204

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An Exploration of the Limits of Freedom of Contract by Michael J. Trebilcock,University of Toronto. Faculty of Law Pdf

Author : Hanoch Dagan,Michael Heller
Publisher : Cambridge University Press
Page : 195 pages
File Size : 47,7 Mb
Release : 2017-04-17
Category : Law
ISBN : 9781107135987

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The Choice Theory of Contracts by Hanoch Dagan,Michael Heller Pdf

The Choice Theory of Contracts is an engaging landmark that shows, for the first time, how freedom matters to contract.

Author : M. J. Trebilcock,University of Toronto. Faculty of Law
Publisher : Unknown
Page : 128 pages
File Size : 52,9 Mb
Release : 1988
Category : Contracts
ISBN : OCLC:65725589

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The Limits of Freedom of Contract by M. J. Trebilcock,University of Toronto. Faculty of Law Pdf

Author : P. S. Atiyah
Publisher : Oxford University Press, USA
Page : 812 pages
File Size : 48,5 Mb
Release : 1979
Category : Language Arts & Disciplines
ISBN : STANFORD:36105035572804

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The Rise and Fall of Freedom of Contract by P. S. Atiyah Pdf

Author : David N. Mayer
Publisher : Cato Institute
Page : 202 pages
File Size : 43,8 Mb
Release : 2011-01-16
Category : Law
ISBN : 9781935308409

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Liberty of Contract by David N. Mayer Pdf

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 : Peter Benson
Publisher : Harvard University Press
Page : 625 pages
File Size : 47,5 Mb
Release : 2019-12-03
Category : Law
ISBN : 9780674237599

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Justice in Transactions by Peter Benson Pdf

Legal thinkers typically justify contract law on the basis of economics or promissory morality. But Peter Benson takes another approach. He argues that contract is best explained as a transfer of rights governed by a conception of justice. The result is a comprehensive theory of contract law congruent with Rawlsian liberalism.

Author : Hugh Collins
Publisher : Cambridge University Press
Page : 500 pages
File Size : 51,5 Mb
Release : 2003-07
Category : Law
ISBN : 0406946736

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The Law of Contract by Hugh Collins Pdf

This volume provides an advanced analysis of the law of contract for undergraduate courses covering the law of contract and the law of obligations.

Author : Larry A. DiMatteo,Chen Lei
Publisher : Cambridge University Press
Page : 545 pages
File Size : 52,7 Mb
Release : 2017-10-26
Category : Law
ISBN : 9781107176324

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Chinese Contract Law by Larry A. DiMatteo,Chen Lei Pdf

A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.

Author : Eric Posner
Publisher : Harvard University Press
Page : 276 pages
File Size : 49,5 Mb
Release : 2009-07-01
Category : Law
ISBN : 0674042301

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Law and Social Norms by Eric Posner Pdf

What is the role of law in a society in which order is maintained mostly through social norms, trust, and nonlegal sanctions? Eric Posner argues that social norms are sometimes desirable yet sometimes odious, and that the law is critical to enhancing good social norms and undermining bad ones. But he also argues that the proper regulation of social norms is a delicate and complex task, and that current understanding of social norms is inadequate for guiding judges and lawmakers. What is needed, and what this book offers, is a model of the relationship between law and social norms. The model shows that people's concern with establishing cooperative relationships leads them to engage in certain kinds of imitative behavior. The resulting behavioral patterns are called social norms. Posner applies the model to several areas of law that involve the regulation of social norms, including laws governing gift-giving and nonprofit organizations; family law; criminal law; laws governing speech, voting, and discrimination; and contract law. Among the engaging questions posed are: Would the legalization of gay marriage harm traditional married couples? Is it beneficial to shame criminals? Why should the law reward those who make charitable contributions? Would people vote more if non-voters were penalized? The author approaches these questions using the tools of game theory, but his arguments are simply stated and make no technical demands on the reader.

Author : Yuliya Chernykh
Publisher : BRILL
Page : 629 pages
File Size : 43,9 Mb
Release : 2022-01-17
Category : Law
ISBN : 9789004414709

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Contract Interpretation in Investment Treaty Arbitration by Yuliya Chernykh Pdf

Contracts are relevant, frequently central, for a significant number of investment disputes. Yet, the way tribunals ascertain their content remains largely underexplored. How do tribunals interpret contracts in investment treaty arbitration? How should they interpret contracts? Does national law have any role to play? Contract Interpretation in Investment Treaty Arbitration: A Theory of the Incidental Issue addresses these questions. The monograph offers a valuable insight into the practice and theory of contract interpretation in investment treaty arbitration. By proposing a theoretical frame for seamless integration of contract interpretation into the overall structure of decision-making, the book contributes to predictability, coherence, sufficiency and correctness of the tribunals’ interpretative practices in investment treaty arbitration.

Author : Trevor C. Hartley
Publisher : Cambridge University Press
Page : 963 pages
File Size : 51,6 Mb
Release : 2009-07-09
Category : Business & Economics
ISBN : 9780521868075

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International Commercial Litigation by Trevor C. Hartley Pdf

This is a carefully structured, practice-orientated textbook. The strong comparative component provides a thought-provoking international perspective, while at the same time allowing readers to gain unique insights into international commercial litigation in English courts.