Author : Hanoch Dagan
Publisher : Cambridge University Press
Page : 195 pages
File Size : 16,39 MB
Release : 2017-04-17
Category : Law
ISBN : 1107135982
The Choice Theory of Contracts is an engaging landmark that shows, for the first time, how freedom matters to contract.
Author : F. H. Buckley
Publisher : Duke University Press
Page : 479 pages
File Size : 34,16 MB
Release : 1999-08-27
Category : Law
ISBN : 0822380129
Declared dead some twenty-five years ago, the idea of freedom of contract has enjoyed a remarkable intellectual revival. In The Fall and Rise of Freedom of Contract leading scholars in the fields of contract law and law-and-economics analyze the new interest in bargaining freedom. The 1970s was a decade of regulatory triumphalism in North America, marked by a surge in consumer, securities, and environmental regulation. Legal scholars predicted the “death of contract” and its replacement by regulation and reliance-based theories of liability. Instead, we have witnessed the reemergence of free bargaining norms. This revival can be attributed to the rise of law-and-economics, which laid bare the intellectual failure of anticontractarian theories. Scholars in this school note that consumers are not as helpless as they have been made out to be, and that intrusive legal rules meant ostensibly to help them often leave them worse off. Contract law principles have also been very robust in areas far afield from traditional contract law, and the essays in this volume consider how free bargaining rights might reasonably be extended in tort, property, land-use planning, bankruptcy, and divorce and family law. This book will be of particular interest to legal scholars and specialists in contract law. Economics and public policy planners will also be challenged by its novel arguments. Contributors. Gregory S. Alexander, Margaret F. Brinig, F. H. Buckley, Robert Cooter, Steven J. Eagle, Robert C. Ellickson, Richard A. Epstein, William A. Fischel, Michael Klausner, Bruce H. Kobayashi, Geoffrey P. Miller, Timothy J. Muris, Robert H. Nelson, Eric A. Posner, Robert K. Rasmussen, Larry E. Ribstein, Roberta Romano, Paul H. Rubin, Alan Schwartz, Elizabeth S. Scott, Robert E. Scott, Michael J. Trebilcock
Author : Peter Benson
Publisher : Belknap Press
Page : 625 pages
File Size : 21,17 MB
Release : 2019-12-17
Category : Law
ISBN : 0674237595
“One of the most important contributions to the field of contract theory—if not the most important—in the past 25 years.” —Stephen A. Smith, McGill University Can we account for contract law on a moral basis that is acceptable from the standpoint of liberal justice? To answer this question, Peter Benson develops a theory of contract that is completely independent of—and arguably superior to—long-dominant views, which take contract law to be justified on the basis of economics or promissory morality. Through a detailed analysis of contract principles and doctrines, Benson brings out the specific normative conception underpinning the whole of contract law. Contract, he argues, is best explained as a transfer of rights, which is complete at the moment of agreement and is governed by a definite conception of justice—justice in transactions. Benson’s analysis provides what John Rawls called a public basis of justification, which is as essential to the liberal legitimacy of contract as to any other form of coercive law. The argument of Justice in Transactions is expressly complementary to Rawls’s, presenting an original justification designed specifically for transactions, as distinguished from the background institutions to which Rawls’s own theory applies. The result is a field-defining work offering a comprehensive theory of contract law. Benson shows that contract law is both justified in its own right and fully congruent with other domains—moral, economic, and political—of liberal society.
Author : Trevor C. Hartley
Publisher : Cambridge University Press
Page : 963 pages
File Size : 41,76 MB
Release : 2009-07-09
Category : Business & Economics
ISBN : 0521868076
This is a carefully structured, practice-orientated textbook. The strong comparative component provides a thought-provoking international perspective, while at the same time allowing readers to gain unique insights into international commercial litigation in English courts.
Author : Michael J. Trebilcock
Publisher : Harvard University Press
Page : 326 pages
File Size : 14,67 MB
Release : 1997-03-25
Category : Law
ISBN : 9780674534308
Our legal system is committed to the idea that private markets and the law of contracts that supports them are the primary institutions for allocating goods and services in a modern economy. Yet the market paradigm, this book argues, leaves substantial room for challenge. For example, should people be permitted to buy and sell blood, bodily organs, surrogate babies, or sexual favors? Is it fair to allow people with limited knowledge about a transaction and its consequences to enter into it without guidance from experts?
Author : Constanze Binder
Publisher : Springer
Page : 165 pages
File Size : 25,21 MB
Release : 2019-03-29
Category : Philosophy
ISBN : 9402416153
In this book, Binder shows that at the heart of the most prominent arguments in favour of value-neutral approaches to overall freedom lies the value freedom has for human agency and development. Far from leading to the adoption of a value-neutral approach, however, ascribing importance to freedom’s agency value requires one to adopt a refined value-based approach. Binder employs an axiomatic framework in order to develop such an approach. She shows that a focus on freedom’s agency value has far reaching consequences for existing results in the freedom ranking literature: it requires one to move beyond a person’s given all-things-considered preferences to the values underlying a person’s preference formation. Furthermore, it requires, as Binder argues, one to account (only) for those differences between choice options which really matter to people. Binder illustrates the implications of her analysis for the evaluation of public policy and human development with the capability approach: only if sufficient importance is ascribed to freedom’s agency value can the capability approach keep its promises.
Author : P. S. Atiyah
Publisher :
Page : 0 pages
File Size : 23,38 MB
Release : 2018
Category : Contracts
ISBN :
The impact of freedom of contract in the 19th century extended far beyond the legal arena as an economic slogan and an ethical attitude. Atiyah traces the development and subsequent decline of the freedom of contract, depicting its effects on the law's development and the foundation of contractual obligations, as well as its broader implications for 19th century English life.
Author : Sharon Thompson
Publisher : Bloomsbury Publishing
Page : 246 pages
File Size : 28,29 MB
Release : 2015-08-27
Category : Law
ISBN : 1782255583
This book provides an alternative perspective on an issue fraught with difficulty – the enforcement of prenuptial agreements. Such agreements are enforced because the law acknowledges the rights of spouses to make autonomous decisions about the division of their property on divorce. Yet this book demonstrates that, in the attempt to promote autonomy, other issues, such as imbalance of power between the parties, become obscured. This book offers an academic and practical analysis of the real impact of prenuptial agreements on the relationships of those involved. Using a feminist and contractual theoretical framework, it attempts to produce a more nuanced understanding of the autonomy exercised by parties entering into prenuptial agreements. This book also draws on an empirical study of the experiences and views of practitioners skilled in the formation and litigation of prenuptial agreements in New York. Lastly, it explores how the court might address concerns regarding power and autonomy during the drafting and enforcement processes of prenuptial agreements, which in turn may enhance the role that 'prenups' can play in the judicial allocation of spousal property on the breakdown of marriage.
Author : Don Miguel Ruiz
Publisher : Amber-Allen Publishing
Page : 102 pages
File Size : 43,57 MB
Release : 2010-01-18
Category : Self-Help
ISBN : 1934408018
Bestselling author don Miguel Ruiz reveals the source of self-limiting beliefs that rob us of joy and create needless suffering. Based on ancient Toltec wisdom, The Four Agreements offer a powerful code of conduct that can rapidly transform our lives to a new experience of freedom, true happiness, and love. • A New York Times bestseller for over 7 years • Over 5.2 million copies sold in the U.S. • Translated into 38 languages worldwide Don Miguel Ruiz’s book is a roadmap to enlightenment and freedom.” — Deepak Chopra, Author, The Seven Spiritual Laws of Success “An inspiring book with many great lessons . . .” — Wayne Dyer, Author, Real Magic “In the tradition of Castaneda, Ruiz distills essential Toltec wisdom, expressing with clarity and impeccability what it means for men and women to live as peaceful warriors in the modern world.” — Dan Millman, Author, Way of the Peaceful Warrior
Author : James M. Buchanan
Publisher : College Station : Texas A & M University Press
Page : 390 pages
File Size : 11,9 MB
Release : 1977
Category : Law
ISBN :
Though written by an economist, this book's subject is not "economics" in the ordinary sense of that term. Instead, it is James Buchanan's contribution to what he has called the "contractarian revival," the renewed interest in and emphasis on the metaphor of the social contract in evaluating political alternatives. He believes that genuine constitutional dialogue must take place in this country if America is to remain a free society and that the perspectives of an economist are valuable in the discussion of basic issues of social philosophy.
