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Contract Freedom And Restraint
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Book Synopsis Contract - Freedom and Restraint by : Richard A. Epstein
Download or read book Contract - Freedom and Restraint written by Richard A. Epstein and published by Routledge. This book was released on 2013-10-15 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Contract--freedom and Restraint by : Richard Allen Epstein
Download or read book Contract--freedom and Restraint written by Richard Allen Epstein and published by Taylor & Francis US. This book was released on 2000 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Contracts and Combinations, in Restraint of Trade by : Albert Martin Kales
Download or read book Contracts and Combinations, in Restraint of Trade written by Albert Martin Kales and published by Forgotten Books. This book was released on 2015-06-26 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from Contracts and Combinations, in Restraint of Trade In limiting the freedom of individuals in the conduct of business, or the disposal of their labor or commodities, courts ought not, and customarily do not promulgate prohibitions based on any doubtful or speculative balance of what may be, from all points of view and upon elaborate investigations of fact, most expedient and desirable. They prohibit only when a distinctive act is presented which is certainly inimical to the public interest, or which may, on a balancing of the opposing considerations, be so regarded. Where there is doubt or mere speculation as to results the tendency is to permit freedom of economic action. Yet in determining whether the distinctive act is certainly inimical to the public interest the courts must deal with economic facts and principles - especially those which are regarded as fundamental and not subject to serious controversy. In this summary I have attempted to connect the prohibitions of the courts upon the freedom of economic action with the economic facts and principles upon which they rest. I have attempted in the text to balance economic considerations. In the notes are incorporated many quotations to indicate the economic facts and principles which the courts take cognizance of in reaching their conclusions. By this means I have sought not only to make an analysis of results but to illustrate a technique of reasoning. I am indebted to the Harvard Law School for the opportunity of giving a course upon the subject of this volume in the year 1916-17, and of submitting the present analysis of the cases to the criticism and scrutiny of a third year class. I acknowledge a very great indebtedness to Walter T. Fisher for many valuable criticisms and suggestions. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Book Synopsis Contracts and Combinations in Restraint of Trade by : Albert Martin Kales
Download or read book Contracts and Combinations in Restraint of Trade written by Albert Martin Kales and published by . This book was released on 1918 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Liberty of Contract by : David N. Mayer
Download or read book Liberty of Contract written by David N. Mayer and published by Cato Institute. This book was released on 2011-01-16 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Freedom of Expression As Self-Restraint by : Matthew H. Kramer
Download or read book Freedom of Expression As Self-Restraint written by Matthew H. Kramer and published by . This book was released on 2021-03-15 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues for the absolutist position on the freedom of expression, and how this principle is integral for society. This title also explores some of the most common arguments regarding freedom of expression including pornography and banning advocacy of hateful creeds.
Book Synopsis The Rise and Fall of Freedom of Contract by : P. S. Atiyah
Download or read book The Rise and Fall of Freedom of Contract written by P. S. Atiyah and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Chinese Contract Law by : Larry A. DiMatteo
Download or read book Chinese Contract Law written by Larry A. DiMatteo and published by Cambridge University Press. This book was released on 2017-10-26 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.
Book Synopsis The Ancient Economy by : Moses I. Finley
Download or read book The Ancient Economy written by Moses I. Finley and published by Univ of California Press. This book was released on 1973 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Ancient Economy holds pride of place among the handful of genuinely influential works of ancient history. This is Finley at the height of his remarkable powers and in his finest role as historical iconoclast and intellectual provocateur. It should be required reading for every student of pre-modern modes of production, exchange, and consumption."--Josiah Ober, author of Political Dissent in Democratic Athens
Book Synopsis Commercial Contract Law by : Larry A. DiMatteo
Download or read book Commercial Contract Law written by Larry A. DiMatteo and published by Cambridge University Press. This book was released on 2013-01-31 with total page 623 pages. Available in PDF, EPUB and Kindle. Book excerpt: Part I. The Role of Consent: 1. Transatlantic perspectives: fundamental themes and debates Larry A. DiMatteo, Qi Zhou and Séverine Saintier 2. Competing theories of contract: an emerging consensus? Martin A. Hogg 3. Contracts, courts and the construction of consent Tom W. Joo 4. Are mortgage contracts promises? Curtis Bridgeman Part II. Normative Views of Contract: 5. Naturalistic contract Peter A. Alces 6. Contract in a networked world Roger Brownsword 7. Contract, transactions, and equity T.T. Arvind Part III. Contract Design and Good Faith: 8. Reasonability in contract design Nancy S. Kim 9. Managing change in uncertain times: relational view of good faith Zoe Ollerenshaw Part IV. Implied Terms and Interpretation: 10. Implied terms in English contract law Richard Austen-Baker 11. Contract interpretation: judicial rule, not party choice Juliet Kostritsky Part V. Policing Contracting Behavior: 12. The paradox of the French method of calculating the compensation of commercial agents and the importance of conceptualising the remedial scheme under Directive 86/653 Séverine Saintier 13. Unconscionability in American contract law Chuck Knapp 14. Unfair terms in comparative perspective: software contracts Jean Braucher 15. (D)CFR initiative and consumer unfair terms Mel Kenny Part VI. Misrepresentation, Breach and Remedies: 16. Remedies for misrepresentation: an integrated system David Capper 17. Re-examining damages for fraudulent misrepresentation James Devenney 18. Remedies for documentary breaches: English law and the CISG Djakhongir Saidov Part VII. Harmonizing Contract Law: 19. Harmonisation European contract law: default and mandatory rules Qi Zhou 20. Harmonization and its discontents: a critique of the transaction cost argument for a European contract law David Campbell and Roger Halson 21. Europeanisation of contract law and the proposed common European sales law Hector MacQueen 22. Harmonization of international sales law Larry A. DiMatteo.
Book Synopsis Contract Law Minimalism by : Jonathan Morgan
Download or read book Contract Law Minimalism written by Jonathan Morgan and published by Cambridge University Press. This book was released on 2013-11-07 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Commercial contract law is in every sense optional given the choice between legal systems and law and arbitration. Its 'doctrines' are in fact virtually all default rules. Contract Law Minimalism advances the thesis that commercial parties prefer a minimalist law that sets out to enforce what they have decided - but does nothing else. The limited capacity of the legal process is the key to this 'minimalist' stance. This book considers evidence that such minimalism is indeed what commercial parties choose to govern their transactions. It critically engages with alternative schools of thought, that call for active regulation of contracts to promote either economic efficiency or the trust and co-operation necessary for 'relational contracting'. The book also necessarily argues against the view that private law should be understood non-instrumentally (whether through promissory morality, corrective justice, taxonomic rationality, or otherwise). It sketches a restatement of English contract law in line with the thesis.
Book Synopsis Protecting the right to freedom of expression under the European Convention on Human Rights by : Bychawska-Siniarska, Dominika
Download or read book Protecting the right to freedom of expression under the European Convention on Human Rights written by Bychawska-Siniarska, Dominika and published by Council of Europe. This book was released on 2017-08-04 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.
Book Synopsis Power and Restraint by : Howard S. Cohen
Download or read book Power and Restraint written by Howard S. Cohen and published by Bloomsbury Publishing USA. This book was released on 1991-06-30 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: In accepting the authority to govern, what responsibilities do the police incur? Power and Restraint answers this question by using a moral perspective grounded in the social contract, and by defining an ethical basis for police work. Howard S. Cohen and Michael Feldberg posit five standards by which to measure responsible police behavior: fair access, public trust, safety and security, teamwork, and objectivity. To test their proposals, Cohen and Feldberg apply these standards to several familiar yet challenging cases that are encountered in municipal patrol work in the United States, illustrating how police officers can develop appropriate moral responses to complex and difficult circumstances. These developed standards of ethical behavior can be used as a basis for the rehearsal of decision-making and action in police training as well as for the judicious evaluation of police behavior after the fact. The authors developed their theories over a 10-year period by spending hundreds of hours in seminars on police ethics with officers and trainers from across the country, carefully discussing specific cases and examples of moral issues that were most troubling to the officers themselves. With its systematic and integrated approach to the analysis and evaluation of cases, this timely work extends the field of police ethics. The two-section volume begins with an introduction that describes how the authors arrived at the system of ethical standards that is developed in detail in the three chapters of Part I. In Part II, four chapters present challenging scenarios that test the developed standards in the context of real policing situations, addressing such issues as excessive force, gratuities and corruption, balancing individual rights with keeping the peace, and sorting through the conflict between loyalty to colleagues and telling the truth under oath about possible wrongdoing. This book will be invaluable to instructors in university-level criminal justice courses that deal with ethics or the police. It could also be used in courses in applied ethics in philosophy and will be an important resource for police academy trainers for both in-service and recruit training.
Book Synopsis Contract Law Without Foundations by : Prince Saprai
Download or read book Contract Law Without Foundations written by Prince Saprai and published by Oxford University Press. This book was released on 2019-02-28 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book advances a theoretical account of contract law, grounded in value pluralism. Arguing against attempts to delineate branches of legal doctrine by reference to single unifying values, the book suggests that a field such as contract law can only be explained and justified by the interaction of a multiplicity of moral values. In recent times, the philosophy of contract law has been dominated by the 'promise theory', according to which the morality of promise provides a 'blueprint' for the structure, shape, and content that contract law rules and doctrines should take. The promise theory is an example of what this book calls a 'foundationalist' theory, whereby areas of law reflect or are underlain by particular moral principles or sets of such principles. By considering contract law from the point of view of its theory, rules and doctrines, and broader political context, the book argues that the promise theory can only ever offer part of the picture. The book claims that 'top-down' theories of contract law such as the promise theory and its bitter rival the economic analysis of law seriously mishandle legal doctrine by ignoring or underplaying the irreducible plurality of values that shape contract law. The book defends the role of this multiplicity of values in forging contract doctrine by developing from the 'ground-up' a radical and distinctly republican reinterpretation of the field. The book encourages readers to move away from a 'top-down' theory of contract law such as the promise theory and instead embrace a distinctly republican approach to contract law that would justify the legal rules and doctrines we find in particular jurisdictions at particular times.
Book Synopsis The Limits of Freedom of Contract by : Michael J. Trebilcock
Download or read book The Limits of Freedom of Contract written by Michael J. Trebilcock and published by Harvard University Press. This book was released on 1997-03-25 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 :Samuel D. Brandeis, Louis D. Warren Publisher :BoD – Books on Demand ISBN 13 :3732645487 Total Pages :42 pages Book Rating :4.7/5 (326 download)
Book Synopsis The Right to Privacy by : Samuel D. Brandeis, Louis D. Warren
Download or read book The Right to Privacy written by Samuel D. Brandeis, Louis D. Warren and published by BoD – Books on Demand. This book was released on 2018-04-05 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reproduction of the original: The Right to Privacy by Samuel D. Warren, Louis D. Brandeis
Book Synopsis Contract Law in Perspective by : Linda Mulcahy
Download or read book Contract Law in Perspective written by Linda Mulcahy and published by Routledge. This book was released on 2008-08-18 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contract Law in Perspective complements 'black letter' treatments of contract by looking at legal doctrine and statutes in their social, political and economic contexts. It increases students' understanding of the law of contract as well as convinces them why it is so important to us all. In addition to describing the key doctrines in the field, it explains the ideology behind them and considers the extent to which they serve the needs of the business community and consumers. The book broadens understanding and appreciation of the subject by reference to the 'big ideas' in contract theory and how these relate to practice at a level which is suitable for students. This fifth edition: has been substantially revised and now includes sections on privity and the Rights of Third Parties Act as well as a discussion of the Law Commision's Unfair Terms in Contract draft bill includes new chapter introductions and summaries designed to help students identify the key points and reflect on what they have learnt provides advice on further reading pointing students towards sources for more detailed study now includes additional self-test questions for students at the end of each chapter to enable them to consolidate and practice at regular intervals.
