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 83
... doctrine that served to qualify and hedge the economic liberty advanced by freedom of contract . The second way , which has been commonly deployed in the rhetoric of Anglo - American law as well as in political theory and political ...
... doctrine by which the constitutionality of various types of social and regulatory legislation was judged . The courts used the word liberty in this instance because it appeared in the federal Constitution's fifth and fourteenth ...
... doctrine in later times were undertaken within the framework of property law . Here again , both judge - made law and public law in the form of parlia- mentary interventions worked their effects , for example , by deter- mining the ...
... doctrine , first resisting and then accommodating labor combinations and collective action by workers , and how the legal system tested the creative potential of contract as a weapon for social organization , are delineated in the last ...
( and legal instruments for effecting it ) associated with natural law doctrines , now in eclipse , Gordley argues , the courts found it ac- ceptable to rest contract law on will of the parties instead of judg- ing the legitimacy and ...
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 |