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Author : David N. Mayer
Publisher :
Page : 0 pages
File Size : 23,14 MB
Release : 2011
Category : Liberty of contract
ISBN : 9781935308386
Examines the history of the liberty of contract and shows how this right has been continuously diminished by court decisions and by our country's growing regulatory and welfare state.
Author : David N. Mayer
Publisher : Cato Institute
Page : 202 pages
File Size : 36,89 MB
Release : 2011-01-16
Category : Law
ISBN : 1935308408
Examines the history of the liberty of contract and shows how this right has been continuously diminished by court decisions and by our country's growing regulatory and welfare state.
Author :
Publisher : Stanford University Press
Page : 394 pages
File Size : 16,88 MB
Release : 1998-09
Category :
ISBN : 0804765278
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).
Author : Roger Foster
Publisher :
Page : 80 pages
File Size : 20,71 MB
Release : 1912
Category : Labor contract
ISBN :
Author : Richard A. Epstein
Publisher : Routledge
Page : 430 pages
File Size : 18,7 MB
Release : 2013-10-15
Category : Law
ISBN : 1135699933
First Published in 2000. This is a collection of essays that look at the Constitutional protection of private property and freedom of contract, and forms part of the Liberty, Property and Law series where the materials in this collection are drawn from many disciplines, including economics, law, philosophy and political science.
Author : Jimmy Rogers Smith
Publisher :
Page : 168 pages
File Size : 26,77 MB
Release : 1970
Category : Free enterprise
ISBN :
Author : Richard A. Epstein
Publisher : Routledge
Page : 424 pages
File Size : 21,68 MB
Release : 2013-10-15
Category : Law
ISBN : 1135699585
First Published in 2000. Where a well-run society should rest on the continuum between public and private control has been the most contentious and thorny issue of legal and social theory throughout the generations. This series sets out to provide answers to this ongoing dispute contained in the five volumes of material assembled. The collection draws from many disciplines, including economics, law, philosophy and political science. Yet they are all directed to a topic that is worthy of examination from multiple perspectives: Liberty, Property and the Law.
Author : David E. Bernstein
Publisher : University of Chicago Press
Page : 204 pages
File Size : 16,64 MB
Release : 2011-05-15
Category : History
ISBN : 0226043533
In this timely reevaluation of an infamous Supreme Court decision, David E. Bernstein provides a compelling survey of the history and background of Lochner v. New York. This 1905 decision invalidated state laws limiting work hours and became the leading case contending that novel economic regulations were unconstitutional. Sure to be controversial, Rehabilitating Lochner argues that the decision was well grounded in precedent—and that modern constitutional jurisprudence owes at least as much to the limited-government ideas of Lochner proponents as to the more expansive vision of its Progressive opponents. Tracing the influence of this decision through subsequent battles over segregation laws, sex discrimination, civil liberties, and more, Rehabilitating Lochner argues not only that the court acted reasonably in Lochner, but that Lochner and like-minded cases have been widely misunderstood and unfairly maligned ever since.
Author : Steven Begakis
Publisher :
Page : 36 pages
File Size : 25,81 MB
Release : 2018
Category :
ISBN :
The liberty of contract formation is a form of speech, and thus it is a right guaranteed by the First Amendment of the U.S. Constitution. This Article examines how the First Amendment secures the liberty of contract formation and analyzes how that liberty is supported by the U.S. Supreme Court's commercial speech jurisprudence and by both originalist and traditionalist theories of Constitutional interpretation.
Author : Lysander Spooner
Publisher : Read Books Ltd
Page : 70 pages
File Size : 40,32 MB
Release : 2013-03-05
Category : Philosophy
ISBN : 1447488903
Originally published in 1870, this essay by the American anarchist and political philosopher Lysander Spooner is here reproduced. Described by Murray Rothbard as "the greatest case for anarchist political philosophy ever written", Spooner's lengthy essay is still referenced by anarchists and philosophers today. In it, he argues that the American Civil War violated the US Constitution, thus rendering it null and void. An indispensable read for political historians both amateur and professional alike. Many of the earliest books, particularly those dating back to the 1900s and before, are now extremely scarce and increasingly expensive. We are republishing these classic works in affordable, high quality, modern editions, using the original text and artwork.