The state and freedom of contract
著者
書誌事項
The state and freedom of contract
（The making of modern freedom / general editor, R.W. Davis）
Stanford University Press, 1998
- : pbk
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注記
Includes bibliographical references (p. [301]-363) and index
内容説明・目次
- 巻冊次
-
ISBN 9780804733700
内容説明
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.
目次
- 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.
- 巻冊次
-
: pbk ISBN 9780804741910
内容説明
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.
目次
- 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.
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