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 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. Theprincipal 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.
Reihe
Sprache
Verlagsort
Zielgruppe
Für höhere Schule und Studium
Für Beruf und Forschung
Illustrationen
Maße
Höhe: 228 mm
Breite: 152 mm
Dicke: 25 mm
Gewicht
ISBN-13
978-0-8047-4191-0 (9780804741910)
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Schweitzer Klassifikation
Herausgeber*in
Einführung von
University of California, Berkeley, USA
Introduction Harry N. Scheiber; 1. Land ownership and economic freedom A W. B. Simpson; 2. Contract and the common law John V. Orth; 3. Contract, property, and the will - the civil law and common law tradition James Gordley; 4. Contract before 'freedom of contract' David Lieberman; 5. Economic liberty and the modern state Harry N. Scheiber; 6. The 'liberty of contract' regime in American law Charles W. McCurdy; 7. Freedom of contract, labor, and the administrative state Arthur F. McEvoy; 8. Natural resources and economic liberty in American history Donald J. Pisani; 9. Globalization of freedom of contract Martin Shapiro; Notes; Index.
