The Fall and Rise of Freedom of Contract

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Author :
Publisher : Duke University Press
ISBN 13 : 0822380129
Total Pages : 479 pages
Book Rating : 4.8/5 (223 download)

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Book Synopsis The Fall and Rise of Freedom of Contract by : F. H. Buckley

Download or read book The Fall and Rise of Freedom of Contract written by F. H. Buckley and published by Duke University Press. This book was released on 1999-08-27 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Fall and Rise of Freedom of Contract

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Author :
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (119 download)

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Book Synopsis Fall and Rise of Freedom of Contract by : F. H. Buckley

Download or read book Fall and Rise of Freedom of Contract written by F. H. Buckley and published by . This book was released on 1999 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Rise and Fall of Freedom of Contract

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (138 download)

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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.

The Rise and Fall of Freedom of Contract

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Publisher :
ISBN 13 :
Total Pages : 816 pages
Book Rating : 4.3/5 (9 download)

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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 1985 with total page 816 pages. Available in PDF, EPUB and Kindle. Book excerpt: Psychology for the Classroom: E-Learningis a lively and accessible introduction to the field of technology-supported teaching and learning and the educational psychology associated with those developments. Offering a substantial and practical analysis of e-learning, this practical book includes current research, offers a grounding in both theory and pedagogical application and contains illustrative case studies designed to stimulate thinking about technology and education. The author places particular focus on the developing theory and practice of cybergogy as well as interpretations of conventional theories such as behaviourism, cognitivism and constructivism in the context of e-learning. The book also explores how these developments provide new opportunities, contexts and environments for learning including: Virtual learning environments; Social networking; Social justice; Cyber-bullying; New patterns of learning; Visualisations; Algorithm; Programmed learning. This unique text will appeal to all practising teachers and students alike and provides a valuable and practical guide to the theory and application of e-learning.

The Fall and Rise of Freedom of Contract

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Author :
Publisher : Duke University Press
ISBN 13 : 9780822323334
Total Pages : 494 pages
Book Rating : 4.3/5 (233 download)

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Book Synopsis The Fall and Rise of Freedom of Contract by : F. H. Buckley

Download or read book The Fall and Rise of Freedom of Contract written by F. H. Buckley and published by Duke University Press. This book was released on 1999-08-27 with total page 494 pages. Available in PDF, EPUB and Kindle. Book excerpt: DIVOriginal essays by prominent legal scholars on the recent intellectual revival of freedom of contract and the value of free bargaining; the essays will be gleaned from a series of conferences organized around areas where bargaining rights might be expande/div

Liberty of Contract

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Author :
Publisher : Cato Institute
ISBN 13 : 1935308408
Total Pages : 202 pages
Book Rating : 4.9/5 (353 download)

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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.

Contract as Promise

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Publisher : Oxford University Press
ISBN 13 : 0190240180
Total Pages : 200 pages
Book Rating : 4.1/5 (92 download)

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Book Synopsis Contract as Promise by : Charles Fried

Download or read book Contract as Promise written by Charles Fried and published by Oxford University Press. This book was released on 2015-04-15 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contract as Promise is a study of the philosophical foundations of contract law in which Professor Fried effectively answers some of the most common assumptions about contract law and strongly proposes a moral basis for it while defending the classical theory of contract. This book provides two purposes regarding the complex legal institution of the contract. The first is the theoretical purpose to demonstrate how contract law can be traced to and is determined by a small number of basic moral principles. At the theory level the author shows that contract law does have an underlying, and unifying structure. The second is a pedagogic purpose to provide for students the underlying structure of contract law. At this level of doctrinal exposition the author shows that structure can be referred to moral principles. Together the two purposes support each other in an effective and comprehensive study of contract law. This second edition retains the original text, and includes a new Preface. It also includes a substantial new essay entitled Contract as Promise in the Light of Subsequent Scholarship--Especially Law and Economics which serves as a retrospective of the work accomplished in the last thirty years, while responding to present and future work in the field.

Law and Social Norms

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Author :
Publisher : Harvard University Press
ISBN 13 : 9780674042308
Total Pages : 276 pages
Book Rating : 4.0/5 (423 download)

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Book Synopsis Law and Social Norms by : Eric Posner

Download or read book Law and Social Norms written by Eric Posner and published by Harvard University Press. This book was released on 2009-07-01 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Model Rules of Professional Conduct

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Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Contract Law Minimalism

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Publisher : Cambridge University Press
ISBN 13 : 110747020X
Total Pages : 312 pages
Book Rating : 4.1/5 (74 download)

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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.

Protecting the right to freedom of expression under the European Convention on Human Rights

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Author :
Publisher : Council of Europe
ISBN 13 :
Total Pages : 124 pages
Book Rating : 4./5 ( download)

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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.

Principles, Definitions and Model Rules of European Private Law

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Publisher : sellier. european law publ.
ISBN 13 : 3866530595
Total Pages : 406 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis Principles, Definitions and Model Rules of European Private Law by : Study Group on a European Civil Code

Download or read book Principles, Definitions and Model Rules of European Private Law written by Study Group on a European Civil Code and published by sellier. european law publ.. This book was released on 2008 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume, the Study Group and the Acquis Group present the first academic Draft of a Common Frame of Reference (DCFR). The Draft is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law in an interim outline edition. It covers the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text is to provide material for a possible "political" Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003.

Occupational Outlook Handbook

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Publisher :
ISBN 13 :
Total Pages : 740 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis Occupational Outlook Handbook by : United States. Bureau of Labor Statistics

Download or read book Occupational Outlook Handbook written by United States. Bureau of Labor Statistics and published by . This book was released on 1957 with total page 740 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Last Call

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Publisher : Simon and Schuster
ISBN 13 : 9781439171691
Total Pages : 480 pages
Book Rating : 4.1/5 (716 download)

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Book Synopsis Last Call by : Daniel Okrent

Download or read book Last Call written by Daniel Okrent and published by Simon and Schuster. This book was released on 2010-05-11 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: A brilliant, authoritative, and fascinating history of America’s most puzzling era, the years 1920 to 1933, when the U.S. Constitution was amended to restrict one of America’s favorite pastimes: drinking alcoholic beverages. From its start, America has been awash in drink. The sailing vessel that brought John Winthrop to the shores of the New World in 1630 carried more beer than water. By the 1820s, liquor flowed so plentifully it was cheaper than tea. That Americans would ever agree to relinquish their booze was as improbable as it was astonishing. Yet we did, and Last Call is Daniel Okrent’s dazzling explanation of why we did it, what life under Prohibition was like, and how such an unprecedented degree of government interference in the private lives of Americans changed the country forever. Writing with both wit and historical acuity, Okrent reveals how Prohibition marked a confluence of diverse forces: the growing political power of the women’s suffrage movement, which allied itself with the antiliquor campaign; the fear of small-town, native-stock Protestants that they were losing control of their country to the immigrants of the large cities; the anti-German sentiment stoked by World War I; and a variety of other unlikely factors, ranging from the rise of the automobile to the advent of the income tax. Through it all, Americans kept drinking, going to remarkably creative lengths to smuggle, sell, conceal, and convivially (and sometimes fatally) imbibe their favorite intoxicants. Last Call is peopled with vivid characters of an astonishing variety: Susan B. Anthony and Billy Sunday, William Jennings Bryan and bootlegger Sam Bronfman, Pierre S. du Pont and H. L. Mencken, Meyer Lansky and the incredible—if long-forgotten—federal official Mabel Walker Willebrandt, who throughout the twenties was the most powerful woman in the country. (Perhaps most surprising of all is Okrent’s account of Joseph P. Kennedy’s legendary, and long-misunderstood, role in the liquor business.) It’s a book rich with stories from nearly all parts of the country. Okrent’s narrative runs through smoky Manhattan speakeasies, where relations between the sexes were changed forever; California vineyards busily producing “sacramental” wine; New England fishing communities that gave up fishing for the more lucrative rum-running business; and in Washington, the halls of Congress itself, where politicians who had voted for Prohibition drank openly and without apology. Last Call is capacious, meticulous, and thrillingly told. It stands as the most complete history of Prohibition ever written and confirms Daniel Okrent’s rank as a major American writer.

Basic Guide to the National Labor Relations Act

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Author :
Publisher : U.S. Government Printing Office
ISBN 13 :
Total Pages : 68 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis Basic Guide to the National Labor Relations Act by : United States. National Labor Relations Board. Office of the General Counsel

Download or read book Basic Guide to the National Labor Relations Act written by United States. National Labor Relations Board. Office of the General Counsel and published by U.S. Government Printing Office. This book was released on 1997 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Philosophical Foundations of Contract Law

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Author :
Publisher : Oxford University Press, USA
ISBN 13 : 0198713010
Total Pages : 417 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Philosophical Foundations of Contract Law by : George Letsas

Download or read book Philosophical Foundations of Contract Law written by George Letsas and published by Oxford University Press, USA. This book was released on 2014 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 17 essays of this collection explore key philosophical questions underlying the institution of contract, and the philosophical issues arising in specific contract law doctrines, including contract formation, contract interpretation, unfair terms, the principle of good faith, defences, and remedies.

Principles of European Contract Law

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041113053
Total Pages : 612 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Principles of European Contract Law by : Commission on European Contract Law

Download or read book Principles of European Contract Law written by Commission on European Contract Law and published by Kluwer Law International B.V.. This book was released on 2000-01-01 with total page 612 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text provides a comprehensive guide to the principles of European contract law. They have been drawn up by an independent body of experts from each Member State of the EU, under a project supported by the European Commission and many other organizations. The principles are stated in the form of articles, with a detailed commentary explaining the purpose and operation of each article and its relation to the remainder. Each article also has extensive comparative notes surveying the national laws and other international provisions on the topic.