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 59
... idea of American exceptionalism , there were important parallels with emerging debates of the " in- dustrial question " involving social conflict and dislocations ac- companying economic growth and change in Britain . Chapter 6 comes ...
... ideas for ameliorating social ills based on inequality , in some form be repeated in the wake of the new globalization ? That is a question well worth pondering in the light of the historic de- velopment of economic liberty as explored ...
... idea of economic freedom is a very large one . Inevitably therefore I shall have to be very selective as to subject matter , to gloss over various matters which are con- troversial , and to indulge in some fairly broad generalizations ...
... idea of attributing ownership to them as a group could well have emerged in legal thought . Instead the situation was analyzed in terms of persons all having individ- ual interests in different individual things . The law of tenure de ...
... idea that the rights of landowners ought , to some extent at least , to be curbed by the common law itself in the public interest.47 It was possible to point to situations where this was in- deed the established position . Thus there ...
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 |