The Rise And Fall Of Freedom Of Contract

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The Fall and Rise of Freedom of Contract

Author : F. H. Buckley
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

The Rise and Fall of Freedom of Contract

Author : P. S. Atiyah
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

Author : P. S. Atiyah
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.

Law and Social Norms

Author : Eric Posner
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.

Liberty of Contract

Author : David N. Mayer
Publisher :
ISBN 13 : 9781935308386
Total Pages : 0 pages
Book Rating : 4.3/5 (83 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 . This book was released on 2011 with total page 0 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

Author : Charles Fried
Publisher : Oxford University Press, USA
ISBN 13 : 0190240164
Total Pages : 220 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, USA. This book was released on 2015 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Contract as Promise' is a study of the foundations and structure of contract law. It has both theoretical and pedagogic purposes. It moves from trust to promise to the nuts and bolts of contract law. The author shows that contract law has an underlying unifying moral and practical structure. This second edition retains the original text, and includes a new Preface. It also includes a lengthy postscript that takes account of scholarly and practical developments in the field over the last thirty years, especially the large and rich law and economics literature.

Contract Law Minimalism

Author : Jonathan Morgan
Publisher : Cambridge University Press
ISBN 13 : 110747020X
Total Pages : 314 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 314 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.

The State and Freedom of Contract

Author :
Publisher : Stanford University Press
ISBN 13 : 0804765278
Total Pages : 394 pages
Book Rating : 4.8/5 (47 download)

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Book Synopsis The State and Freedom of Contract by :

Download or read book The State and Freedom of Contract written by and published by Stanford University Press. This book was released on 1998-09 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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).

Essays on Contract

Author : P. S. Atiyah
Publisher : Oxford University Press
ISBN 13 : 9780198256410
Total Pages : 363 pages
Book Rating : 4.2/5 (564 download)

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Book Synopsis Essays on Contract by : P. S. Atiyah

Download or read book Essays on Contract written by P. S. Atiyah and published by Oxford University Press. This book was released on 1988 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: P.S. Atiyah is one of the leading contract theorists of the common law world. These previously published essays, all revised or rewritten for this edition, constitute a comprehensive account of Atiyah's thoughts on the theory and foundation of contractual liability over the last twenty years, and include the author's replies to criticisms previously made of his work.

The Choice Theory of Contracts

Author : Hanoch Dagan
Publisher : Cambridge University Press
ISBN 13 : 1107135982
Total Pages : 195 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis The Choice Theory of Contracts by : Hanoch Dagan

Download or read book The Choice Theory of Contracts written by Hanoch Dagan and published by Cambridge University Press. This book was released on 2017-04-17 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Choice Theory of Contracts is an engaging landmark that shows, for the first time, how freedom matters to contract.

Property and Freedom

Author : Richard Pipes
Publisher : Vintage
ISBN 13 : 0307427358
Total Pages : 346 pages
Book Rating : 4.3/5 (74 download)

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Book Synopsis Property and Freedom by : Richard Pipes

Download or read book Property and Freedom written by Richard Pipes and published by Vintage. This book was released on 2007-12-18 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A superb book about a topic that should be front and center in the American political debate" (National Review), from the acclaimed Harvard scholar and historian of the Russian Revolution An exploration of a wide range of national and political systems to demonstrate persuasively that private ownership has served over the centuries to limit the power of the state and enable democratic institutions to evolve and thrive in the Western world. Beginning with Greece and Rome, where the concept of private property as we understand it first developed, Richard Pipes then shows us how, in the late medieval period, the idea matured with the expansion of commerce and the rise of cities. He contrasts England, a country where property rights and parliamentary government advanced hand-in-hand, with Russia, where restrictions on ownership have for centuries consistently abetted authoritarian regimes; finally he provides reflections on current and future trends in the United States. Property and Freedom is a brilliant contribution to political thought and an essential work on a subject of vital importance.

Freedom Manifesto

Author : Steve Forbes
Publisher : Crown Currency
ISBN 13 : 0307951596
Total Pages : 611 pages
Book Rating : 4.3/5 (79 download)

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Book Synopsis Freedom Manifesto by : Steve Forbes

Download or read book Freedom Manifesto written by Steve Forbes and published by Crown Currency. This book was released on 2012-08-21 with total page 611 pages. Available in PDF, EPUB and Kindle. Book excerpt: From Steve Forbes, the iconic editor in chief of Forbes Media, and Elizabeth Ames coauthors of How Capitalism Will Save Us—comes a new way of thinking about the role of government and the morality of free markets. Americans today are at a turning point. Are we a country founded on the values of freedom and limited government, as envisioned by the founding fathers in the Declaration of Independence and the Constitution? Or do we want to become a European-style socialist democracy? What best serves the public good—freedom or Big Government? In Freedom Manifesto, Forbes and Ames offer a new twist on this historic debate. Today’s bloated and bureaucratic government, they argue, is anything but a force for compassion. Instead of assuring fairness, it promotes favoritism. Instead of furthering opportunity, it stifles economic growth. Instead of unleashing innovation and material abundance, its regulations and price controls create rigidity and scarcity. Not only are Big Government’s inefficient and ever-expanding bureaucracies ill-equipped to deliver on their promises—they are often guilty of the very greed, excess, and corruption routinely ascribed to the private sector. The only way to a truly fair and moral society, the authors say, is through economic freedom—free people and free markets. Throughout history, open markets have helped the poor and everyone else by unleashing unprecedented creativity, generating wealth, and raising living standards. Promoting trust, generosity, and democracy, economic freedom has been a more powerful force for individual rights, self-determination—and humanity—than any government bureaucracy. Freedom Manifesto captures the spirit of a new movement that is questioning old ideas about the morality of government and markets for the first time since the Great Depression. Going beyond the familiar explanations and sound bites, the authors provide a fully developed framework of “first principles” for a true understanding of the real moral and ethical distinctions between more and less government. This timely and provocative book shows why free markets and liberty are the only way to a better future and a fair and humane society.

The Road to Freedom and the Demise of Nation States

Author : Peter B. Bos
Publisher : Lulu.com
ISBN 13 : 1483431444
Total Pages : 650 pages
Book Rating : 4.4/5 (834 download)

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Book Synopsis The Road to Freedom and the Demise of Nation States by : Peter B. Bos

Download or read book The Road to Freedom and the Demise of Nation States written by Peter B. Bos and published by Lulu.com. This book was released on 2015-06-08 with total page 650 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book describes why the politically democratic state is a mythical and illegitimate concept that does not and cannot work and why, without the corrective market feedback of profits and losses, this unstable, unmanageable, inefficient and authoritative social organization will cause its own demise. The Road to Freedom and the Demise of Nation States maps out an alternative path leading to a new contractual social organization based upon individual sovereignty and freedom. Under this natural government of decentralized economic democracy, individuals vote with their money ballot for the products and services they want, including protection and jurisprudence. The Road to Freedom constitutes an evolutionary continuation of the principles of individual sovereignty and freedom underlying the American Revolution, as expressed in the Declaration of Independence, leading to worldwide peace and prosperity.

Rehabilitating Lochner

Author : David E. Bernstein
Publisher : University of Chicago Press
ISBN 13 : 0226043533
Total Pages : 204 pages
Book Rating : 4.2/5 (26 download)

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Book Synopsis Rehabilitating Lochner by : David E. Bernstein

Download or read book Rehabilitating Lochner written by David E. Bernstein and published by University of Chicago Press. This book was released on 2011-05-15 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Freedom to Read

Author : American Library Association
Publisher :
ISBN 13 :
Total Pages : 16 pages
Book Rating : 4.:/5 (31 download)

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Book Synopsis The Freedom to Read by : American Library Association

Download or read book The Freedom to Read written by American Library Association and published by . This book was released on 1953 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Rise and Fall of the Neoliberal Order

Author : Gary Gerstle
Publisher : Oxford University Press
ISBN 13 : 0197519660
Total Pages : 441 pages
Book Rating : 4.1/5 (975 download)

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Book Synopsis The Rise and Fall of the Neoliberal Order by : Gary Gerstle

Download or read book The Rise and Fall of the Neoliberal Order written by Gary Gerstle and published by Oxford University Press. This book was released on 2022-03-01 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most sweeping account of how neoliberalism came to dominate American politics for nearly a half century before crashing against the forces of Trumpism on the right and a new progressivism on the left. The epochal shift toward neoliberalism--a web of related policies that, broadly speaking, reduced the footprint of government in society and reassigned economic power to private market forces--that began in the United States and Great Britain in the late 1970s fundamentally changed the world. Today, the word "neoliberal" is often used to condemn a broad swath of policies, from prizing free market principles over people to advancing privatization programs in developing nations around the world. To be sure, neoliberalism has contributed to a number of alarming trends, not least of which has been a massive growth in income inequality. Yet as the eminent historian Gary Gerstle argues in The Rise and Fall of the Neoliberal Order, these indictments fail to reckon with the full contours of what neoliberalism was and why its worldview had such persuasive hold on both the right and the left for three decades. As he shows, the neoliberal order that emerged in America in the 1970s fused ideas of deregulation with personal freedoms, open borders with cosmopolitanism, and globalization with the promise of increased prosperity for all. Along with tracing how this worldview emerged in America and grew to dominate the world, Gerstle explores the previously unrecognized extent to which its triumph was facilitated by the collapse of the Soviet Union and its communist allies. He is also the first to chart the story of the neoliberal order's fall, originating in the failed reconstruction of Iraq and Great Recession of the Bush years and culminating in the rise of Trump and a reinvigorated Bernie Sanders-led American left in the 2010s. An indispensable and sweeping re-interpretation of the last fifty years, this book illuminates how the ideology of neoliberalism became so infused in the daily life of an era, while probing what remains of that ideology and its political programs as America enters an uncertain future.

Understanding the Law of Obligations

Author : Andrew Burrows
Publisher : Bloomsbury Publishing
ISBN 13 : 1847316751
Total Pages : 146 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Understanding the Law of Obligations by : Andrew Burrows

Download or read book Understanding the Law of Obligations written by Andrew Burrows and published by Bloomsbury Publishing. This book was released on 2000-11-15 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt: NEW in paperback From the Reviews of the hardback edition: This is a fascinating and thought-provoking collection of eight essays..... Taken together they represent a coherent and compelling exposition of the English law of obligations.... One is left with the picture of an [author] ... who remains a devotee of "practical scholarship" and the deductive technique of the common law and has a grasp on its intricacies second to non." Edwin Peel, The Law Quarterly Review, 1999 "[These essays], all concerned with various aspects of contract, tort and unjust enrichment, are a pleasure to peruse, and a distinct cut above the usual lacklustre collection of past triumphs now beyond their sell-by date. Without exception they are both topical and relevant: ... together they form a readable, scholarly and eclectic mixture of exposition and polemic, of speculation and analysis" Andrew Tettenborn, The Cambridge Law Journal, 1999 "..quite simply the most convincing and complete explanation of the law of obligations that is currently available - the book is thorough, compelling, definitive, and highly important." Paul Kearns, Anglo-American Law Review, 1999 "an extremely important work, produced by a leading academic." David Wright, Adelaide Law Review