Contract Freedom And Restraint
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Contract Freedom And Restraint
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Author : Richard A. Epstein
language : en
Publisher: Routledge
Release Date : 2013-10-15
Contract Freedom And Restraint written by Richard A. Epstein and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-10-15 with Law categories.
First Published in 2000. Where a well-run society should rest on the continuum between public and private control has been the most contentious and thorny issue of legal and social theory throughout the generations. This series sets out to provide answers to this ongoing dispute contained in the five volumes of material assembled. The collection draws from many disciplines, including economics, law, philosophy and political science. Yet they are all directed to a topic that is worthy of examination from multiple perspectives: Liberty, Property and the Law.
Contract Freedom And Restraint
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Author : Richard Allen Epstein
language : en
Publisher: Taylor & Francis US
Release Date : 2000
Contract Freedom And Restraint written by Richard Allen Epstein and has been published by Taylor & Francis US this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Contracts categories.
Contracts And Combinations In Restraint Of Trade
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Author : Albert Martin Kales
language : en
Publisher: Forgotten Books
Release Date : 2015-06-26
Contracts And Combinations In Restraint Of Trade written by Albert Martin Kales and has been published by Forgotten Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-06-26 with Law categories.
Excerpt from Contracts and Combinations, in Restraint of Trade In limiting the freedom of individuals in the conduct of business, or the disposal of their labor or commodities, courts ought not, and customarily do not promulgate prohibitions based on any doubtful or speculative balance of what may be, from all points of view and upon elaborate investigations of fact, most expedient and desirable. They prohibit only when a distinctive act is presented which is certainly inimical to the public interest, or which may, on a balancing of the opposing considerations, be so regarded. Where there is doubt or mere speculation as to results the tendency is to permit freedom of economic action. Yet in determining whether the distinctive act is certainly inimical to the public interest the courts must deal with economic facts and principles - especially those which are regarded as fundamental and not subject to serious controversy. In this summary I have attempted to connect the prohibitions of the courts upon the freedom of economic action with the economic facts and principles upon which they rest. I have attempted in the text to balance economic considerations. In the notes are incorporated many quotations to indicate the economic facts and principles which the courts take cognizance of in reaching their conclusions. By this means I have sought not only to make an analysis of results but to illustrate a technique of reasoning. I am indebted to the Harvard Law School for the opportunity of giving a course upon the subject of this volume in the year 1916-17, and of submitting the present analysis of the cases to the criticism and scrutiny of a third year class. I acknowledge a very great indebtedness to Walter T. Fisher for many valuable criticisms and suggestions. 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.
Contracts And Combinations In Restraint Of Trade Classic Reprint
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Author : Albert Martin Kales
language : en
Publisher: Forgotten Books
Release Date : 2017-10-23
Contracts And Combinations In Restraint Of Trade Classic Reprint written by Albert Martin Kales and has been published by Forgotten Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-23 with Law categories.
Excerpt from Contracts and Combinations, in Restraint of Trade In limiting the freedom of individuals in the conduct of busi ness, or the disposal of their labor or commodities, courts ought not, and customarily do not promulgate prohibitions based on any doubtful or speculative balance of what may be, from all points of view and upon elaborate investigations of fact, most expedient and desirable. They prohibit only when a distinctive act is presented which is certainly inimical to the public interest, or which may, on a balancing of the Opposing considerations, be so regarded. Where there is doubt or mere speculation as to results the tendency is to permit freedom of economic action. Yet in determining whether the distinctive act is certainly inimical to the public interest the courts must deal with economic facts and principles - especially those which are regarded as fundamental and not subject to serious controversy. 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.
The Limits Of Freedom Of Contract
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Author : M. J. Trebilcock
language : en
Publisher: Cambridge : Harvard University Press
Release Date : 1993
The Limits Of Freedom Of Contract written by M. J. Trebilcock and has been published by Cambridge : Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Law categories.
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 Of Expression As Self Restraint
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Author : Matthew H. Kramer
language : en
Publisher:
Release Date : 2021-03-15
Freedom Of Expression As Self Restraint written by Matthew H. Kramer and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-15 with categories.
This book argues for the absolutist position on the freedom of expression, and how this principle is integral for society. This title also explores some of the most common arguments regarding freedom of expression including pornography and banning advocacy of hateful creeds.
The Rise And Fall Of Freedom Of Contract
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Author : P. S. Atiyah
language : en
Publisher:
Release Date : 2018
The Rise And Fall Of Freedom Of Contract written by P. S. Atiyah and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Contracts categories.
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.
Chinese Contract Law
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Author : Larry A. DiMatteo
language : en
Publisher: Cambridge University Press
Release Date : 2017-10-26
Chinese Contract Law written by Larry A. DiMatteo and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-26 with Law categories.
A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.
The Ancient Economy
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Author : Moses I. Finley
language : en
Publisher: Univ of California Press
Release Date : 1973
The Ancient Economy written by Moses I. Finley and has been published by Univ of California Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1973 with Business & Economics categories.
"The Ancient Economy holds pride of place among the handful of genuinely influential works of ancient history. This is Finley at the height of his remarkable powers and in his finest role as historical iconoclast and intellectual provocateur. It should be required reading for every student of pre-modern modes of production, exchange, and consumption."--Josiah Ober, author of Political Dissent in Democratic Athens
Contract Law Minimalism
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Author : Jonathan Morgan
language : en
Publisher: Cambridge University Press
Release Date : 2013-11-07
Contract Law Minimalism written by Jonathan Morgan and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-07 with Law categories.
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.