Freedom In Constitutional Contract
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Freedom In Constitutional Contract
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Author : James M. Buchanan
language : en
Publisher:
Release Date : 1977
Freedom In Constitutional Contract written by James M. Buchanan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1977 with Social Contract categories.
The State And Freedom Of Contract
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Author :
language : en
Publisher: Stanford University Press
Release Date : 1998-09
The State And Freedom Of Contract written by and has been published by Stanford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998-09 with categories.
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).
Constitutional Protection Of Private Property And Freedom Of Contract
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Author : Richard A. Epstein
language : en
Publisher: Routledge
Release Date : 2013-10-15
Constitutional Protection Of Private Property And Freedom Of Contract 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. This is a collection of essays that look at the Constitutional protection of private property and freedom of contract, and forms part of the Liberty, Property and Law series where the materials in this collection are drawn from many disciplines, including economics, law, philosophy and political science.
Defending Freedom Of Contract Constitutional Solutions To Resolve The Political Divide
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Author : Patrick Bohan
language : en
Publisher: Lulu.com
Release Date : 2019-06-13
Defending Freedom Of Contract Constitutional Solutions To Resolve The Political Divide written by Patrick Bohan and has been published by Lulu.com this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-13 with Law categories.
The progressive movement that began in the late nineteenth century was a nonviolent coup d tat changing the United States of America from a republic that promoted equal rights for all to a democracy where the majority rules. As a result, moral and social justice was and is used by the federal government to protect the rights of some while mitigating the rights of others. Patrick Bohan, who has studied constitutional law in depth, examines the revolution in detail in this treatise, demonstrating how freedom of contract can be applied to protect the fundamental rights of each citizen equally. The author evaluates hundreds of laws, cases, and examples of justice gone wrong for issues such as slavery, abortion rights, elections, welfare rights, free speech, freedom of religion, civil rights, property rights, contract rights, gay rights, alien rights, and other important topics that polarize Americans.
Constitutional Protection Of Private Property And Freedom Of Contract
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Author : Richard Allen Epstein
language : en
Publisher:
Release Date : 2000
Constitutional Protection Of Private Property And Freedom Of Contract written by Richard Allen Epstein and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Economic liberties (U.S. Constitution) categories.
We Insist Freedom Now Does Contract Doctrine Have Anything Constitutional To Say
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Author : Hila Keren
language : en
Publisher:
Release Date : 2015
We Insist Freedom Now Does Contract Doctrine Have Anything Constitutional To Say written by Hila Keren and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with categories.
On a daily basis countless people are refused contracts due to discrimination on account of their "Otherness" - their race, their disability, their gender, etc. Many of them are not welcomed by hotels, denied service in restaurants, rejected by banks when asking for a mortgage loan, and so on. The variety of transactions that are denied and the breadth of human interaction that they affect are simply overwhelming and result in a fundamental exclusion from the marketplace. For years contract law has ignored this problem, while exclusive responsibility for contractual discrimination has been reserved for constitutional law and the antidiscrimination statutes that were enacted to fulfill egalitarian ideals. This Article attempts to break the contractual silence and to bridge the huge gap between discrimination and contracts by pressing up against traditional legal boundaries. Drawing on a broad understanding of the Thirteenth Amendment - as a promise of an egalitarian and mobile economy which heavily relies on contracts - the Article calls for addressing the problem of precontractual discrimination with contractual tools. Such a possibility has until now remained by and large unexplored, but as this Article seeks to show, it is an achievable and powerful step that can be well-integrated into up-to-date contract theory. The Article first exposes the detachment between contract doctrine and the scattered antidiscrimination norms and analyzes the harmful consequences of this detachment. It then creates an original meeting point between the two bodies of law, one of which is intentionally located within contract doctrine. This point is found by dismantling the dominant concept of "freedom OF contact", and especially by defining and establishing the freedom to make a contract. The novel insistence on the "freedom TO contract" - which gives the Article its name - is to be enforced, as proposed, through the duty to negotiate in good faith. Breaking contractual negotiations for discriminatory reasons, it is argued, should be seen as illegitimate business behavior, as an overt expression of bad faith that carries liability. One basis for imposing such precontractual liability can be found by applying to the issue of discrimination the "no-retraction" principle that was recently developed within the economic school of thought. Such reasoning is part of a more general effort to go beyond the opposition between equality and freedom by answering affirmatively the question raised by the Article's title: contract law has something constitutional to say and it is the commitment and enforcement of the essential freedom to contract.
The Constitutional Dimension Of Contract Law
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Author : Luca Siliquini-Cinelli
language : en
Publisher: Springer
Release Date : 2017-04-06
The Constitutional Dimension Of Contract Law written by Luca Siliquini-Cinelli and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-04-06 with Law categories.
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.
Liberty Of Contract
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Author : David N. Mayer
language : en
Publisher: Cato Institute
Release Date : 2011-01-16
Liberty Of Contract written by David N. Mayer and has been published by Cato Institute this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-16 with Law categories.
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.
Freedom In Constitutional Contract
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Author : James M. Buchanan
language : en
Publisher: College Station : Texas A & M University Press
Release Date : 1977
Freedom In Constitutional Contract written by James M. Buchanan and has been published by College Station : Texas A & M University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1977 with Law categories.
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.
Freedom Of Contract And Constitutional Law
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Author : International Association of Legal Science. Colloquium
language : en
Publisher:
Release Date : 1998
Freedom Of Contract And Constitutional Law written by International Association of Legal Science. Colloquium and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Comparative law categories.