The State and Freedom of ContractStanford University Press, 1998 - 392 páginas 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). |
Dentro del libro
Resultados 1-5 de 60
... Blackstone's Commentaries on the Laws of England , pub- lished in the late 1760s , in which Blackstone extolled the right of property as " that sole and despotic dominion which one man claims and exercises over the external things of ...
... Blackstone's depiction of the law . A sub - theme running through Simpson's analysis is how the in- stitutions of property law and also of emerging contract law must be understood in terms of the larger framework of legal principle by ...
... Black- stone's encomium to " despotic dominion " encapsulated the ideal — though there is abundant evidence that it can hardly be taken as literally accurate even for the reality of his own day — of private property . Similarly , the ...
... Blackstone's time to the mid - nineteenth century , thought about contract is the subject of David Lieber- man's discussion in chapter 4. He finds abundant evidence of the vigor with which traditional restraints on contractual freedom ...
... distinct social significance of different forms of exchange and reciprocity . This point seems to have been conclu- sively demonstrated by J. Davis.1 II > Blackstone's Despotic Dominion Given the complex land law 16 A. W. B. Simpson.
Contenido
1 | |
13 | |
Contract and the Common Law | 44 |
Contract Property and the WillThe Civil Law | 66 |
Contract Before Freedom of Contract | 89 |
Economic Liberty and the Modern State | 122 |
The Liberty of Contract Regime in American Law | 161 |
Freedom of Contract Labor and the Administrative State | 198 |
Natural Resources and Economic Liberty in American | 236 |
Globalization of Freedom of Contract | 269 |
Notes | 301 |
Index | 365 |