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

Liberty of Contract

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Author :
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.

An Introduction to the Law of Contract

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Author :
Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 528 pages
Book Rating : 4.:/5 (42 download)

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Book Synopsis An Introduction to the Law of Contract by : P. S. Atiyah

Download or read book An Introduction to the Law of Contract written by P. S. Atiyah and published by Oxford University Press, USA. This book was released on 1989 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: Substantially revised and updated, this edition reexamines, in the light of renewed support for the ideology of freedom of contract, many of the arguments formerly levelled against this concept.

The Rise and Fall of Freedom of Contract

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Author :
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 Choice Theory of Contracts

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Author :
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.

International Commercial Litigation

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Author :
Publisher : Cambridge University Press
ISBN 13 : 0521868076
Total Pages : 963 pages
Book Rating : 4.5/5 (218 download)

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Book Synopsis International Commercial Litigation by : Trevor C. Hartley

Download or read book International Commercial Litigation written by Trevor C. Hartley and published by Cambridge University Press. This book was released on 2009-07-09 with total page 963 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Chinese Contract Law

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Author :
Publisher : BRILL
ISBN 13 : 9004150412
Total Pages : 389 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Chinese Contract Law by : Mo Zhang

Download or read book Chinese Contract Law written by Mo Zhang and published by BRILL. This book was released on 2006 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents a well-analyzed inside view of Chinese contract law in theory and practice, which will be of interest to both academic researchers and practitioners in this area.

Discourse on the Sciences and Arts

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Author :
Publisher : Dartmouth College Press
ISBN 13 :
Total Pages : 272 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Discourse on the Sciences and Arts by : Jean-Jacques Rousseau

Download or read book Discourse on the Sciences and Arts written by Jean-Jacques Rousseau and published by Dartmouth College Press. This book was released on 1992 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rousseau attacks the social and political effects of the dominant forms of scientific knowledge. Contains the entire First Discourse, contemporary attacks on it, Rousseau's replies to his critics, and his summary of the debate in his preface to Narcissus. A number of these texts have never before been available in English. The First Discourse and Polemics demonstrate the continued relevance of Rousseau's thought. Whereas his critics argue for correction of the excesses and corruptions of knowledge and the sciences as sufficient, Rousseau attacks the social and political effects of the dominant forms of scientific knowledge.

Contents of Commercial Contracts

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509930515
Total Pages : 487 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Contents of Commercial Contracts by : Paul S Davies

Download or read book Contents of Commercial Contracts written by Paul S Davies and published by Bloomsbury Publishing. This book was released on 2020-07-23 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt: Freedom of contract is a great strength of English law: indeed it is a key reason why English law is often the law of choice. But the terms of commercial contracts often restrict freedom of action. This book considers such terms. Leading commentators take stock of recent developments such as increased reliance on good faith/discretion and the rise of smart contracts. Insodoing, they make original contributions to ongoing debates concerning the limits to parties' freedom of contract. This important subject will interest drafters of commercial contracts keen to ensure that contracts are clear and enforceable; litigators disputing the meaning, scope and validity of terms; and academics interested in the purpose and nature of the exercises involved.

The Limits of Freedom of Contract

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Author :
Publisher : Harvard University Press
ISBN 13 : 9780674534308
Total Pages : 326 pages
Book Rating : 4.5/5 (343 download)

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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?

Freedom in Constitutional Contract

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Author :
Publisher : College Station : Texas A & M University Press
ISBN 13 :
Total Pages : 390 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Freedom in Constitutional Contract by : James M. Buchanan

Download or read book Freedom in Constitutional Contract written by James M. Buchanan and published by College Station : Texas A & M University Press. This book was released on 1977 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: Though written by an economist, this book's subject is not "economics" in the ordinary sense of that term. Instead, it is James Buchanan's contribution to what he has called the "contractarian revival," the renewed interest in and emphasis on the metaphor of the social contract in evaluating political alternatives. He believes that genuine constitutional dialogue must take place in this country if America is to remain a free society and that the perspectives of an economist are valuable in the discussion of basic issues of social philosophy.

Law and Social Norms

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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.

Freedom's Right

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Author :
Publisher : John Wiley & Sons
ISBN 13 : 0745680062
Total Pages : 441 pages
Book Rating : 4.7/5 (456 download)

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Book Synopsis Freedom's Right by : Axel Honneth

Download or read book Freedom's Right written by Axel Honneth and published by John Wiley & Sons. This book was released on 2014-03-11 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: The theory of justice is one of the most intensely debated areas of contemporary philosophy. Most theories of justice, however, have only attained their high level of justification at great cost. By focusing on purely normative, abstract principles, they become detached from the sphere that constitutes their “field of application” - namely, social reality. Axel Honneth proposes a different approach. He seeks to derive the currently definitive criteria of social justice directly from the normative claims that have developed within Western liberal democratic societies. These criteria and these claims together make up what he terms “democratic ethical life”: a system of morally legitimate norms that are not only legally anchored, but also institutionally established. Honneth justifies this far-reaching endeavour by demonstrating that all essential spheres of action in Western societies share a single feature, as they all claim to realize a specific aspect of individual freedom. In the spirit of Hegel’s Philosophy of Right and guided by the theory of recognition, Honneth shows how principles of individual freedom are generated which constitute the standard of justice in various concrete social spheres: personal relationships, economic activity in the market, and the political public sphere. Honneth seeks thereby to realize a very ambitious aim: to renew the theory of justice as an analysis of society.

Reconstructing Contracts

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Author :
Publisher : Harvard University Press
ISBN 13 : 9780674072480
Total Pages : 0 pages
Book Rating : 4.0/5 (724 download)

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Book Synopsis Reconstructing Contracts by : Douglas G. Baird

Download or read book Reconstructing Contracts written by Douglas G. Baird and published by Harvard University Press. This book was released on 2013-04-30 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every legal system must decide how to distinguish between agreements that are enforceable and those that are not. Formal bargains in the marketplace and casual promises in a social setting mark the two extremes, but many hard cases lie between. When gaps are left in a contract, how should courts fill them? What does it mean to say that an agreement is legally enforceable? If someone breaks a legally enforceable contract, what consequences follow? For 150 years, legal scholars have debated whether a set of coherent principles provide answers to such basic questions. Oliver Wendell Holmes put forward the affirmative case, arguing that bargained-for consideration, expectation damages, and a handful of related ideas captured the essence of contract law. The work of the next several generations, culminating in Grant Gilmore’s The Death of Contract in 1974, took a contrary view. The coherence Holmes had tried to bring to the field was illusory. It was more sensible to see contracts as merely a species of civil obligation and resist the temptation to impose rigid and artificial rules. In Reconstructing Contracts, Douglas Baird takes stock of the current state of contract doctrine and in the process reinvigorates the classic framework of Anglo-American contract law. He shows that Holmes’s principles are fundamentally sound. Even if they lack that talismanic quality formerly ascribed to them, properly understood they continue to provide the best guide to contracts for a new generation of students, practitioners, and judges.

Coercion, Contract, and Free Labor in the Nineteenth Century

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Author :
Publisher : Cambridge University Press
ISBN 13 : 9780521774000
Total Pages : 348 pages
Book Rating : 4.7/5 (74 download)

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Book Synopsis Coercion, Contract, and Free Labor in the Nineteenth Century by : Robert J. Steinfeld

Download or read book Coercion, Contract, and Free Labor in the Nineteenth Century written by Robert J. Steinfeld and published by Cambridge University Press. This book was released on 2001-02-05 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a fundamental reassessment of the nature of wage labor in the nineteenth century, focusing on the common use of penal sanctions in England to enforce wage labor agreements. Professor Steinfeld argues that wage workers were not employees at will but were often bound to their employment by enforceable labor agreements, which employers used whenever available to manage their labor costs and supply. In the northern United States, where employers normally could not use penal sanctions, the common law made other contract remedies available, also placing employers in a position to enforce labor agreements. Modern free wage labor only came into being late in the nineteenth century, as a result of reform legislation that restricted the contract remedies employers could legally use.

An Introduction to International Contract Law

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Author :
Publisher :
ISBN 13 : 9788892119796
Total Pages : 240 pages
Book Rating : 4.1/5 (197 download)

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Book Synopsis An Introduction to International Contract Law by : Renzo Cavalieri

Download or read book An Introduction to International Contract Law written by Renzo Cavalieri and published by . This book was released on 2019 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt:

An Introduction to Freedom of Contract

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Author :
Publisher :
ISBN 13 :
Total Pages : 854 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis An Introduction to Freedom of Contract by : Harold Shepherd

Download or read book An Introduction to Freedom of Contract written by Harold Shepherd and published by . This book was released on 1958 with total page 854 pages. Available in PDF, EPUB and Kindle. Book excerpt: