The Constitutional Dimension Of Contract Law

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The Constitutional Dimension of Contract Law

Author : Luca Siliquini-Cinelli
Publisher : Springer
ISBN 13 : 3319498436
Total Pages : 324 pages
Book Rating : 4.3/5 (194 download)

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Book Synopsis The Constitutional Dimension of Contract Law by : Luca Siliquini-Cinelli

Download or read book The Constitutional Dimension of Contract Law written by Luca Siliquini-Cinelli and published by Springer. This book was released on 2017-04-06 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the hallmarks of the present era is the discourse surrounding Human Rights and the need for the law to recognise them. Various national and supranational human rights instruments have been developed and implemented in order to transition society away from atrocity and callousness toward a more just and inclusive future. In some countries this is done by means of an overarching constitution, while in others international conventions or ordinary legislation hold sway. Contract law plays a pivotal role in this context. According to many, this is done through the much-debated ‘civilising mission’ of the contract, a notion which itself constitutes the canon of the Western liberal principle of ‘civilised economy’. The movement away from the belief in the absolute freedom of contract, which reached its zenith in the nineteenth century, to the principles of fairness and justice that underpin contract law today, is often deemed to be a testament to this civilising influence. Delving into the interplay between human rights policies, constitutional law, and contract law from both theoretical and practical perspectives, this first volume of a two-book collection offers a totally new reappraisal of the subject by gathering a collection of essays written by contract law scholars from Europe, South Africa, Canada, and Australia. Instead of providing the reader with a sterile compilation of positivistic norms and policies on the impact of fundamental rights and constitutional law issues on contract law’s development, the authors build on their personal experience to analyse specific topics related to contracting that include a constitutional dimension. The book fills an important void in comparative law scholarship and in so doing represents the starting point for further debate on the subject.

More Constitutional Dimensions of Contract Law

Author : Luca Siliquini-Cinelli
Publisher : Springer
ISBN 13 : 3030151077
Total Pages : 169 pages
Book Rating : 4.0/5 (31 download)

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Book Synopsis More Constitutional Dimensions of Contract Law by : Luca Siliquini-Cinelli

Download or read book More Constitutional Dimensions of Contract Law written by Luca Siliquini-Cinelli and published by Springer. This book was released on 2019-06-24 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: This second volume on the constitutional dimension of contract law explores this increasingly relevant subject in jurisdictions that are usually overlooked by mainstream scholarship in the English-speaking world. With chapters on Finland and other Nordic Countries from a comparative perspective, Spain, Japan, Somalia, Nigeria, Brazil, and Peru, the contributions presented here offer much-needed, context-informed insights on whether – and if so, why, how and to what extent – the development of contract law is being influenced by constitutional values and fundamental rights issues (or vice-versa). The book represents a valuable addition to comparative law literature on the interplay between public (i.e., constitutional) and private (i.e., contract) law by revealing the inner dynamics through which these two branches interact and (at times) inform each other, whilst also enhancing our understanding of the law’s nature, function, and transformative potential at the macro, meso, and micro levels.

The Political Dimension of Constitutional Law

Author : Miguel Nogueira de Brito
Publisher : Springer Nature
ISBN 13 : 3030384594
Total Pages : 185 pages
Book Rating : 4.0/5 (33 download)

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Book Synopsis The Political Dimension of Constitutional Law by : Miguel Nogueira de Brito

Download or read book The Political Dimension of Constitutional Law written by Miguel Nogueira de Brito and published by Springer Nature. This book was released on 2020-03-21 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses in what sense constitutional law has a political dimension, raising the question whether constitutional law is fundamentally political as to its validity, terms of its origin, conceptual structure and/or corresponding practice. It also poses the question whether that dimension is a political-theological dimension. A positive answer to these questions challenges the prevailing view that constitutional law is to be conceived strictly as law, moreover as written law, approved at a certain point in history by a particular power and interpreted as any other law by the judiciary. The essays included in this book, written by leading scholars in constitutional theory – including Martin Loughlin, Paul Kahn, Manon Altwegg-Boussac and Massimo La Torre – address these questions in a timely and original way.

Constitutional Values and European Contract Law

Author : Stefan Grundmann
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041145273
Total Pages : 288 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Constitutional Values and European Contract Law by : Stefan Grundmann

Download or read book Constitutional Values and European Contract Law written by Stefan Grundmann and published by Kluwer Law International B.V.. This book was released on 2008-06-27 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two major developments in European Private and European Business Law come together when we speak about "Constitutional Values and European Contract Law". European Contract Law has become extreme¬ly dynamic over the last 10 years, both in substance and perspec¬tive: all core areas are considered now in legal science and in EC legislation, and there are even the prospects of some kind of codification. On the other hand, constitutional values and their impact on private law have been an issue of high concern in major Member States over decades, namely Italy and Germany, but as well the Netherlands - hence the strong presence of scholars and practising lawyers from these countries in this book. Constitutional values have, however, found their way to the EC level and the national discussions have inspired a European one, with three core values discussed: Fundamental Freedoms, fundamental rights and constitutional system building principles- such as the social welfare state or the rule of law. Their impact on private law can be sensed nowadays quite considerably also on the European level. These fundamental values are often seen as the ingredient, which renders European Private Law, namely European Contract Law, more responsive to social values or more "humane". For all these reasons, the book combines comparative law, EC Law and interdisciplinary approaches to the question "Constitutional Values and European Contract Law". Outstanding scholars from six Member States and beyond - quite a few also practising lawyers - discuss the issue and do so for the first time on such a broad and all-encompassing basis.

Liberty of Contract

Author : David N. Mayer
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.

The Contract Clause of the Constitution

Author : Benjamin Fletcher Wright
Publisher :
ISBN 13 :
Total Pages : 316 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Contract Clause of the Constitution by : Benjamin Fletcher Wright

Download or read book The Contract Clause of the Constitution written by Benjamin Fletcher Wright and published by . This book was released on 1938 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Contract Clause

Author : James W. Ely, Jr.
Publisher : University Press of Kansas
ISBN 13 : 0700623078
Total Pages : 384 pages
Book Rating : 4.7/5 (6 download)

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Book Synopsis The Contract Clause by : James W. Ely, Jr.

Download or read book The Contract Clause written by James W. Ely, Jr. and published by University Press of Kansas. This book was released on 2016-10-28 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Few provisions of the American Constitution have had such a tumultuous history as the contract clause. Prompted by efforts in a number of states to interfere with debtor-creditor relationships after the Revolution, the clause—Article I, Section 10—reads that no state shall “pass any. . . Law impairing the Obligation of Contracts.” Honoring contractual commitments, in the framers' view, would serve the public interest to encourage commerce and economic growth. How the contract clause has fared, as chronicled in this book by James W. Ely, Jr., tells us a great deal about the shifting concerns and assumptions of Americans. Its history provides a window on matters central to American constitutional history, including the protection of economic rights, the growth of judicial review, and the role of federalism. Under the leadership of Chief Justice John Marshall, the Supreme Court construed the provision expansively, and it rapidly became the primary vehicle for federal judicial review of state legislation before the adoption of the Fourteenth Amendment. Indeed, the contract clause was one of the most litigated provisions of the Constitution throughout the nineteenth century, and its history reflects the impact of wars, economic distress, and political currents on reading the Constitution. Ely shows how, over time, the courts carved out several malleable exceptions to the constitutional protection of contracts—most notably the notion of an inalienable police power—thus weakening the contract clause and enhancing state regulatory authority. His study documents the near-fatal blow dealt to the provision by New Deal constitutionalism, when the perceived need for governmental intervention in the economy superseded the economic rights of individuals. Though the 1970s saw a modest revival of interest in the contract clause, the criteria for invoking it remain uncertain. And yet, as state and local governments try to trim the benefits of public sector employees, the provision has once again figured prominently in litigation. In this book, James Ely gives us a timely, analytical lens for understanding these contemporary challenges, as well as the critical historical significance of the contract clause.

Perspectives on Contract Law

Author : Randy E. Barnett
Publisher : Aspen Publishing
ISBN 13 : 1454898364
Total Pages : 726 pages
Book Rating : 4.4/5 (548 download)

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Book Synopsis Perspectives on Contract Law by : Randy E. Barnett

Download or read book Perspectives on Contract Law written by Randy E. Barnett and published by Aspen Publishing. This book was released on 2018-03-12 with total page 726 pages. Available in PDF, EPUB and Kindle. Book excerpt: Interesting and informative, Perspectives on Contract Law is an anthology of legal scholarship that presents both seminal and cutting-edge writing by luminaries in the field. Featuring selections from a new generation of contracts scholars including Steven J. Burton, Nathan B. Oman, Margaret Radin, and more, along with additional content by Alan Schwartz and Robert E. Scott, this text offers a diversity of articles that reflect a variety of contact theorists and perspectives. Created with the first-year law student in mind, this text provides introductory text and Study Guides that frame each article and helpfully suggest salient themes. A logical and modular organization make this reader suitable for use alongside any contracts casebook.

Constitutional Law

Author : Dan T. Coenen
Publisher :
ISBN 13 :
Total Pages : 420 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Constitutional Law by : Dan T. Coenen

Download or read book Constitutional Law written by Dan T. Coenen and published by . This book was released on 2004 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: Professor Coenenâe(tm)s treatment of the Commerce Clause broadly explores the division of powers between federal and state lawmaking authorities and considers alternative sources of federal power, particularly under the Taxing and Spending Clauses, as well as constitutionally inspired rules of statutory interpretation crafted by the Court to protect federalism values.

Contract

Author : L. F. Van Huyssteen
Publisher :
ISBN 13 : 9781485118435
Total Pages : 697 pages
Book Rating : 4.1/5 (184 download)

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Book Synopsis Contract by : L. F. Van Huyssteen

Download or read book Contract written by L. F. Van Huyssteen and published by . This book was released on 2016 with total page 697 pages. Available in PDF, EPUB and Kindle. Book excerpt: "[This book] examines the concepts, principles and rules relating to contracts, and considers the jurisprudential, constitutional and social context in which contract law operates...The book explores the theoretical basis and structure of the South African law of contract and discusses the role played by the courts - including discussions of the latest court decisions - in the interpretation and application of these rules and principles. Where the law is not settled divergent opinions are considered and solutions offered, sometimes also with reference to foreign jurisdictions. This fifth edition...highlights the importance of the Consumer Protection Act in relation to the construction and conclusion of contracts, while close attention is also paid to the influence of constitutional jurisprudence and the principle of good faith in the formation of binding legal agreements. While the basic approach of the work has been retained, it has been substantially refined and reworked in many chapters."--

Studies in Contract Law

Author : Edward J. Murphy
Publisher :
ISBN 13 :
Total Pages : 1464 pages
Book Rating : 4.:/5 (42 download)

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Book Synopsis Studies in Contract Law by : Edward J. Murphy

Download or read book Studies in Contract Law written by Edward J. Murphy and published by . This book was released on 1984 with total page 1464 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Dimensions of Dignity

Author : Jacob Weinrib
Publisher : Cambridge University Press
ISBN 13 : 1107084288
Total Pages : 317 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Dimensions of Dignity by : Jacob Weinrib

Download or read book Dimensions of Dignity written by Jacob Weinrib and published by Cambridge University Press. This book was released on 2016-09-15 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers a public law theory that elaborates the idea of human dignity to illuminate and justify innovations in constitutional practice.

The State and Freedom of Contract

Author : Harry N. Scheiber
Publisher :
ISBN 13 : 9780804733700
Total Pages : 378 pages
Book Rating : 4.7/5 (337 download)

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Book Synopsis The State and Freedom of Contract by : Harry N. Scheiber

Download or read book The State and Freedom of Contract written by Harry N. Scheiber and published by . This book was released on 1998 with total page 378 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 (ArthurMcEvoy), public policy in relation to natural resources (Donald Pisani), and globalization of freedom of contract (Martin Shapiro).

Selected Cases on the Law of Contracts

Author : Ernest W. Huffcut
Publisher : Forgotten Books
ISBN 13 : 9781330115190
Total Pages : 800 pages
Book Rating : 4.1/5 (151 download)

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Book Synopsis Selected Cases on the Law of Contracts by : Ernest W. Huffcut

Download or read book Selected Cases on the Law of Contracts written by Ernest W. Huffcut and published by Forgotten Books. This book was released on 2015-06-16 with total page 800 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from Selected Cases on the Law of Contracts In the present, third, edition of this collection of cases, the work has been entirely revised, and amplified by additional cases and many new annotations. The purpose of the book is to furnish a compact and, at the same time, comprehensive selection of authoritative material for the study and discussion of the principles of the law of contract. The work is now designed primarily to be used alone as the basis of instruction, although it may also be used conveniently with lectures or a standard treatise. The arrangement of topics follows that of Sir William Anson in his Principles of the English Law of Contracts, whose general plan has served as a model for some other treatises on the subject. This case book, however, covers some topics not dealt with in his book; and some that are treated there are not included here. Two chapters appearing in the former editions of this book, namely, Capacity of Parties, and Impairing the Obligation of Contract, are omitted in this edition, as these are topics which are commonly discussed in the courses on Persons and Constitutional Law in the usual law school curriculum. In many of the cases the statement of facts has, for the sake of brevity, been either re-written or abridged, without calling special attention to the matter. For the same reason, the practice, now common, of omitting unnecessary portions of the opinions, has been followed; but such omissions are always indicated. In this as in the preceding editions, the principal text consists of American cases, although English cases are represented in the notes and in the discussions in the opinions. A new feature and one that, it is hoped, may prove of value, is the reference note appended to substantially every case. 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.

European Contract Law and the Charter of Fundamental Rights

Author : Hugh Collins
Publisher : Intersentia Limited
ISBN 13 : 9781780684338
Total Pages : 0 pages
Book Rating : 4.6/5 (843 download)

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Book Synopsis European Contract Law and the Charter of Fundamental Rights by : Hugh Collins

Download or read book European Contract Law and the Charter of Fundamental Rights written by Hugh Collins and published by Intersentia Limited. This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of essays by distinguished legal scholars that explores from legal, historical and theoretical perspectives how the Charter of the Fundamental Rights of the European Union has affected, and is likely to impact on the development of, contract law and commercial law within the European Union.

Justice in Transactions

Author : Peter Benson
Publisher : Harvard University Press
ISBN 13 : 0674237595
Total Pages : 625 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis Justice in Transactions by : Peter Benson

Download or read book Justice in Transactions written by Peter Benson and published by Harvard University Press. This book was released on 2019-12-03 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Constitutional Law

Author : William Cohen
Publisher :
ISBN 13 :
Total Pages : 68 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Constitutional Law by : William Cohen

Download or read book Constitutional Law written by William Cohen and published by . This book was released on 2007 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt: This detailed supplement addresses the major issues and developments in Constitutional law, civil liberty, and individual rights. It examines the impact of these elements on the individual and on the public in various aspects of life-including advertising, free speech, religion, and elections. Section titles discuss: Commercial Advertising; The Right To Silence; The Public Forum; The Private Forum; Free Exercise of Religion; Establishment of Religion: Religion and Schools; Privacy and Autonomy; and The Constitution and the Electoral Process.