The Rise And Fall Of Freedom Of Contract

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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.

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 : Patrick Selim Atiyah
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (143 download)

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Book Synopsis The Rise and Fall of Freedom of Contract by : Patrick Selim Atiyah

Download or read book The Rise and Fall of Freedom of Contract written by Patrick Selim Atiyah and published by . This book was released on 1979 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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.

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.

Fall and Rise of Freedom of Contract

Author : F. H. Buckley
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:

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.

Essays on Contract

Author : P. S. Atiyah
Publisher : Oxford University Press, USA
ISBN 13 : 9780198255550
Total Pages : 363 pages
Book Rating : 4.2/5 (555 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, USA. This book was released on 1986 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 collected essays, published over the last twenty years and here revised or rewritten, are all concerned with the theory and foundation of contractual liability. Atiyah has also taken the opportunity to rebut earlier criticisms of this views.

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.

The Law of Contract 1670–1870

Author : Warren Swain
Publisher : Cambridge University Press
ISBN 13 : 1107040760
Total Pages : 363 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis The Law of Contract 1670–1870 by : Warren Swain

Download or read book The Law of Contract 1670–1870 written by Warren Swain and published by Cambridge University Press. This book was released on 2015-02-12 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the development of contract law doctrine in England from 1670 to 1870.

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.

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.

Commercial Contract Law

Author : Larry A. DiMatteo
Publisher : Cambridge University Press
ISBN 13 : 1107028086
Total Pages : 623 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Commercial Contract Law by : Larry A. DiMatteo

Download or read book Commercial Contract Law written by Larry A. DiMatteo and published by Cambridge University Press. This book was released on 2013-01-31 with total page 623 pages. Available in PDF, EPUB and Kindle. Book excerpt: Part I. The Role of Consent: 1. Transatlantic perspectives: fundamental themes and debates Larry A. DiMatteo, Qi Zhou and Séverine Saintier 2. Competing theories of contract: an emerging consensus? Martin A. Hogg 3. Contracts, courts and the construction of consent Tom W. Joo 4. Are mortgage contracts promises? Curtis Bridgeman Part II. Normative Views of Contract: 5. Naturalistic contract Peter A. Alces 6. Contract in a networked world Roger Brownsword 7. Contract, transactions, and equity T.T. Arvind Part III. Contract Design and Good Faith: 8. Reasonability in contract design Nancy S. Kim 9. Managing change in uncertain times: relational view of good faith Zoe Ollerenshaw Part IV. Implied Terms and Interpretation: 10. Implied terms in English contract law Richard Austen-Baker 11. Contract interpretation: judicial rule, not party choice Juliet Kostritsky Part V. Policing Contracting Behavior: 12. The paradox of the French method of calculating the compensation of commercial agents and the importance of conceptualising the remedial scheme under Directive 86/653 Séverine Saintier 13. Unconscionability in American contract law Chuck Knapp 14. Unfair terms in comparative perspective: software contracts Jean Braucher 15. (D)CFR initiative and consumer unfair terms Mel Kenny Part VI. Misrepresentation, Breach and Remedies: 16. Remedies for misrepresentation: an integrated system David Capper 17. Re-examining damages for fraudulent misrepresentation James Devenney 18. Remedies for documentary breaches: English law and the CISG Djakhongir Saidov Part VII. Harmonizing Contract Law: 19. Harmonisation European contract law: default and mandatory rules Qi Zhou 20. Harmonization and its discontents: a critique of the transaction cost argument for a European contract law David Campbell and Roger Halson 21. Europeanisation of contract law and the proposed common European sales law Hector MacQueen 22. Harmonization of international sales law Larry A. DiMatteo.

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.

Party Autonomy in Private International Law

Author : Alex Mills
Publisher : Cambridge University Press
ISBN 13 : 1107079179
Total Pages : 595 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Party Autonomy in Private International Law by : Alex Mills

Download or read book Party Autonomy in Private International Law written by Alex Mills and published by Cambridge University Press. This book was released on 2018-08-16 with total page 595 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an unprecedented historical, theoretical and comparative analysis and appraisal of party autonomy in private international law. These issues are of great practical importance to any lawyer dealing with cross-border legal relationships, and great theoretical importance to a wide range of scholars interested in law and globalisation.

Model Rules of Professional Conduct

Author : American Bar Association. House of Delegates
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.

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.