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
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... tenants in the process ; and authorized canal , road , dock bridge , railroad , and other public utility companies to take land from private owners in order to expedite the construction of their facilities . Evidence , as Simpson argues ...
... tenant ? Or is it more intelligible to say that neither owns ? Or that the landlord owns the freehold , and the tenant the lease ? The common lawyers developed an elaborate analysis of suc- cessive split ownership . They classified the ...
... tenant in fee simple absolute in possession . " Economic free- dom consists in being able to do exactly as you like with your own . Blackstone's conception of property is intensely individualistic , and the picture he presents is of a ...
... tenants in chief , Rannulf , who held directly of the Crown , owing the service of a number of knights . The picture can easily become much more complex if some of these persons hold mere life interests or entails ; a very large number ...
... tenants . In sub- stance what was involved was family ownership with limited management control in the current male head of ... tenant in fee simple . Such a person enjoys the largest interest in land which the common law legal system ...
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 |