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9780804741910

The State and Freedom of Contract

by
  • ISBN13:

    9780804741910

  • ISBN10:

    0804741913

  • Format: Paperback
  • Copyright: 2001-12-01
  • Publisher: Stanford Univ Pr
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List Price: $24.95

Summary

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.

Table of Contents

Acknowledgments
Contributors
Introductionp. 1
Land Ownership and Economic Freedomp. 13
Contract and the Common Lawp. 44
Contract, Property, and the Will - The Civil Law and Common Law Traditionp. 66
Contract Before "Freedom of Contract"p. 89
Economic Liberty and the Modern Statep. 122
The "Liberty of Contract" Regime in American Lawp. 161
Freedom of Contract, Labor, and the Administrative Statep. 198
Natural Resources and Economic Liberty in American Historyp. 236
Globalization of Freedom of Contractp. 269
Notesp. 301
Indexp. 365
Table of Contents provided by Blackwell. All Rights Reserved.

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