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 87
... political upheaval . A clear - eyed look at any of those conjunctions — in 1776 and 1789 , in 1848 and 1918 , as well as in 1989 — reminds us that freedom , liberty , rights , and democracy are words into which many different and ...
... political liberty — freedom of religion , freedom of speech and as- sembly , freedom of the individual from arbitrary and capricious authority over persons or property , freedom to produce and to ex- change goods and services , and the ...
... political process . The chapters in this vol- ume seek to provide fresh interpretive perspectives on this issue by ... political theory and political economy , is as a shorthand expression referring to eco- nomic liberty in a large and ...
... political discourse , however , " liberty of con- tract " came to be used interchangeably with " freedom of contract . " It is often employed similarly in scholarly writing as well , not only with reference to American law and policy ...
... political economists and by the utilitarian philosophers . 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 ...
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 |