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 6-10 de 70
... example , the result of two or more people in some way sharing ownership - husband and wife could be co - owners of a farm . Further to this the common law came to permit ownership to be split up so that a number of per- sons acquired ...
... someone else . A simple example would be the transfer of a landed estate by a landowner to three friends , on the understanding that 13 they were to manage the property during the infancy LAND OWNERSHIP AND ECONOMIC FREEDOM 15.
... example , elaborate schemes for the dedica- tion of property to public and charitable purposes , or to family maintenance and support . So far as the world of commerce and the market is concerned the primary interests traded are , and ...
... examples he gave were light , air and water , and wild animals . " He also said that there were " other things , in which a permanent property may sub- sist , not only as to the temporary use , but also the solid substance ; and which ...
... example they could open and work out mines . 30 " Feudalism , the Fee Simple , and the Right of Alienation The preeminent legal position of such a tenant in fee simple was the product of a long process of legal development ; the details ...
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 |