Liberty Of Contract
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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).
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.
Liberty Of Contract And Labor Laws
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Author : American School (Chicago, Ill.)
language : en
Publisher:
Release Date : 1922
Liberty Of Contract And Labor Laws written by American School (Chicago, Ill.) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1922 with Labor categories.
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.
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.
Liberty Of Contract And Labor Laws
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Author : Roger Foster
language : en
Publisher: Palala Press
Release Date : 2018-02-21
Liberty Of Contract And Labor Laws written by Roger Foster and has been published by Palala Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-21 with History categories.
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Remedies For Breach Of Contract
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Author : Solène Rowan
language : en
Publisher: Oxford University Press on Demand
Release Date : 2012-01-26
Remedies For Breach Of Contract written by Solène Rowan and has been published by Oxford University Press on Demand this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-26 with Law categories.
Presenting a comprehensive and timely examination of remedies for breach of contract, this text analyses and challenges fundamental features of English contract law.
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?
Social Contract Theory In American Jurisprudence
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Author : Thomas R. Pope
language : en
Publisher: Routledge
Release Date : 2013-06-07
Social Contract Theory In American Jurisprudence written by Thomas R. Pope and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-06-07 with Political Science categories.
Despite decades of attempts and the best intentions of its members, the United States Supreme Court has failed to develop a coherent jurisprudence regarding the state’s proper relationship to the individual. Without some objective standard upon which to ground jurisprudence, decisions have moved along a spectrum between freedom and authority and back again, affecting issues as diverse as individual contractual liberties and the right to privacy. Social Contract Theory in American Jurisprudence seeks to reintroduce the lessons of modern political philosophy to offer a solution for this variable application of legal principle and to lay the groundwork for a jurisprudence consistent in both theory and practice. Thomas R. Pope’s argument examines two exemplary court cases, Lochner v. New York and West Coast Hotel v. Parrish, and demonstrates how the results of these cases failed to achieve the necessary balance of liberty and the public good because they considered the matter in terms of a dichotomy. Pope explores our constitution’s roots in social contract theory, looking particularly to the ideas of Thomas Hobbes for a jurisprudence that is consistent with the language and tradition of the Constitution, and that is also more effectually viable than existing alternatives. Pope concludes with an examination of recent cases before the Court, grounding his observations firmly within the developments of ongoing negotiation of jurisprudence. Addressing the current debate between individual liberty and government responsibility within the context of contemporary jurisprudence, Pope considers the implications of a Hobbesian founding for modern policy. This book will be particularly relevant to scholars of Constitutional Law, the American Founding, and Modern Political Theory.
Liberty Property And Privacy
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Author : Edward Keynes
language : en
Publisher: Penn State Press
Release Date : 2010-11-01
Liberty Property And Privacy written by Edward Keynes and has been published by Penn State Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-11-01 with Law categories.
In this book, Edward Keynes examines the fundamental-rights philosophy and jurisprudence that affords constitutional protection to unenumerated liberty, property, and privacy rights. He is critical of the failure of the U.S. Supreme Court to adopt a coherent theory for identifying which rights are to be considered fundamental and how these private rights are to be balanced against the public interests that the government has a duty to articulate and promote. Keynes develops his argument by first surveying how substantive due process grew out of the tradition of Anglo-American jurisprudence and came to evolve over time. He pays special attention to the shift in its application early in the twentieth century, from protecting &"liberty of contract&" against economic regulation to protecting &"privacy&" and other noneconomic rights (as in Roe v. Wade) against social regulation.