The State and Freedom of ContractThe 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). |
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Página 15
The biggest interest, the "fee simple," could last forever, for it was inheritable by
both lineal and collateral heirs, and nobody dies without one or the other." The
next largest was the entailed interest, which descended only to lineal heirs, and
so ...
The biggest interest, the "fee simple," could last forever, for it was inheritable by
both lineal and collateral heirs, and nobody dies without one or the other." The
next largest was the entailed interest, which descended only to lineal heirs, and
so ...
Página 20
As Littleton put it back in the fifteenth century: "Tenant in fee simple is he that hath
lands and tenements to hold to him and his heirs for ever. And note, that a man
cannot have a more large or great estate than fee simple."27 In the passage in ...
As Littleton put it back in the fifteenth century: "Tenant in fee simple is he that hath
lands and tenements to hold to him and his heirs for ever. And note, that a man
cannot have a more large or great estate than fee simple."27 In the passage in ...
Página 22
The fee simple had also become freely alienable. Insofar as the early feudal
world resembled Al Capone's Chicago, alienation, if it involved substituting one
henchman for another, would obviously require Capone's consent. When
landholding ...
The fee simple had also become freely alienable. Insofar as the early feudal
world resembled Al Capone's Chicago, alienation, if it involved substituting one
henchman for another, would obviously require Capone's consent. When
landholding ...
Página 23
This freedom of alienating the fee simple was bolstered by a variety of technical
doctrines — for example attempts to attach provisions in restraint of the alienation
of a fee simple were legally void. When Blackstone wrote his lyrical account of ...
This freedom of alienating the fee simple was bolstered by a variety of technical
doctrines — for example attempts to attach provisions in restraint of the alienation
of a fee simple were legally void. When Blackstone wrote his lyrical account of ...
Página 33
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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 |
Otras ediciones - Ver todas
Términos y frases comunes
agreement American arbitration associated authority bargaining Blackstone called chapter civil claims common law concept concern constitutional contract law course courts created Deal discussion doctrine early economic effect employers employment England English environmental equal established example federal force Forest free contract freedom of contract globalization History idea important individual industrial institutions interests judges judicial jurisprudence justice labor land late later lawyers legislation less liberal liberty limited London major matter ment natural nineteenth century organizing Origins owner particular parties person political practice principles protection question reform regime regulation relations relationship remained Review Roscoe Pound rules simple Smith social society statute tenant theories thought tion tract trade traditional union United wage wealth workers York
Información bibliográfica
| Título | The State and Freedom of Contract Making of Modern Freedom [ACLS Humanities E-Book] |
| Editor | Stanford University Press, 1998 |
| ISBN | 0804765278, 9780804765275 |
| Largo | 392 páginas |
| Exportar cita | BiBTeX EndNote RefMan |