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 44
... institutions hard to move , and driven by ambition as well as idealism : everywhere the growth of freedom has been sui generis . But to understand these unique developments fully , we must first try to see them against the making of ...
... institution of " contract " itself , and its strict meaning in law — that is , contract as the legal form in which agreements and promises are made , with the purpose of making them enforceable by the courts . Some of the chapters in ...
... institution of contract has not always been so central to the law in this sense , however , having occupied the dominant and ex- panding place that it has enjoyed in both Anglo - American and con- tinental European jurisprudence only ...
... institution of contract itself in the history of English law . Orth recalls that contract law has consisted historically of the law of employment relations , as was true even in the golden age of contract in the nineteenth century ...
... institutional context . Referring to the con- tinuing tension in contract law history , " between a norm of con ... institutions to facilitate con- tracting , " he writes , for many barriers have come down , as gov- ernment extends ...
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 |