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Author : David N. Mayer
Publisher : Cato Institute
Page : 202 pages
File Size : 11,66 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 : Steven Begakis
Publisher :
Page : 36 pages
File Size : 12,53 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 : Harry N. Scheiber
Publisher :
Page : 378 pages
File Size : 10,25 MB
Release : 2001
Category : Contracts
ISBN : 9780804741910
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.
Author : Albert Ehrenzweig
Publisher :
Page : 3 pages
File Size : 19,64 MB
Release : 1957
Category : Liberty of contract
ISBN :
Author : John Phillip Reid
Publisher : University of Chicago Press
Page : 248 pages
File Size : 42,89 MB
Release : 1988
Category : Political Science
ISBN : 9780226708966
"Liberty was the most cherished right possessed by English-speaking people in the eighteenth century. It was both an ideal for the guidance of governors and a standard with which to measure the constitutionality of government; both a cause of the American Revolution and a purpose for drafting the United States Constitution; both an inheritance from Great Britain and a reason republican common lawyers continued to study the law of England." As John Philip Reid goes on to make clear, "liberty" did not mean to the eighteenth-century mind what it means today. In the twentieth century, we take for granted certain rights—such as freedom of speech and freedom of the press—with which the state is forbidden to interfere. To the revolutionary generation, liberty was preserved by curbing its excesses. The concept of liberty taught not what the individual was free to do but what the rule of law permitted. Ultimately, liberty was law—the rule of law and the legalism of custom. The British constitution was the charter of liberty because it provided for the rule of law. Drawing on an impressive command of the original materials, Reid traces the eighteenth-century notion of liberty to its source in the English common law. He goes on to show how previously problematic arguments involving the related concepts of licentiousness, slavery, arbitrary power, and property can also be fit into the common-law tradition. Throughout, he focuses on what liberty meant to the people who commented on and attempted to influence public affairs on both sides of the Atlantic. He shows the depth of pride in liberty—English liberty—that pervaded the age, and he also shows the extent—unmatched in any other era or among any other people—to which liberty both guided and motivated political and constitutional action.
Author : Theodore Frank Thomas Plucknett
Publisher : The Lawbook Exchange, Ltd.
Page : 828 pages
File Size : 46,83 MB
Release : 2001
Category : Common law
ISBN : 1584771372
Originally published: 5th ed. Boston: Little, Brown and Co., 1956.
Author : Mark R. Levin
Publisher : Simon and Schuster
Page : 226 pages
File Size : 30,21 MB
Release : 2013-08-13
Category : Political Science
ISBN : 1451606397
Mark R. Levin has made the case, in numerous bestselling books that the principles undergirding our society and governmental system are unraveling. In The Liberty Amendments, he turns to the founding fathers and the constitution itself for guidance in restoring the American republic. The delegates to the 1787 Constitutional Convention and the delegates to each state’s ratification convention foresaw a time when the Federal government might breach the Constitution’s limits and begin oppressing the people. Agencies such as the IRS and EPA and programs such as Obamacare demonstrate that the Framers’ fear was prescient. Therefore, the Framers provided two methods for amending the Constitution. The second was intended for our current circumstances—empowering the states to bypass Congress and call a convention for the purpose of amending the Constitution. Levin argues that we, the people, can avoid a perilous outcome by seeking recourse, using the method called for in the Constitution itself. The Framers adopted ten constitutional amendments, called the Bill of Rights, that would preserve individual rights and state authority. Levin lays forth eleven specific prescriptions for restoring our founding principles, ones that are consistent with the Framers’ design. His proposals—such as term limits for members of Congress and Supreme Court justices and limits on federal taxing and spending—are pure common sense, ideas shared by many. They draw on the wisdom of the Founding Fathers—including James Madison, Benjamin Franklin, Thomas Jefferson, and numerous lesser-known but crucially important men—in their content and in the method for applying them to the current state of the nation. Now is the time for the American people to take the first step toward reclaiming what belongs to them. The task is daunting, but it is imperative if we are to be truly free.
Author : David E. Bernstein
Publisher : University of Chicago Press
Page : 204 pages
File Size : 38,62 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 : John Agresto
Publisher : Cornell University Press
Page : 188 pages
File Size : 22,35 MB
Release : 1984
Category : Law
ISBN : 9780801492778
Discusses the growth of the power of the Supreme Court and analyzes the separation of judicial and congressional functions.
Author : Brian Stipelman
Publisher : Lexington Books
Page : 332 pages
File Size : 31,47 MB
Release : 2012-10-04
Category : Political Science
ISBN : 073917455X
That Broader Definition of Liberty synthesizes a political theory of the New Deal from the writings of Franklin Roosevelt, Eleanor Roosevelt, Henry Wallace, and Thurman Arnold. The resultant theory highlights the need for the public accountability of private economic power, arguing that when the private economic realm is unable to adequately guarantee the rights of citizens, the state must intervene to protect those rights. The New Deal created a new American social contract that accorded our right to the pursuit of happiness a status equal to liberty, and grounded both in an expansive idea of security as the necessary precondition for the exercise of either. This was connected to a theory of the common good that privileged the consumer as the central category while simultaneously working to limit the worst excesses of consumption-oriented individualism. This theory of ends was supplemented by a theory of practice that focused on ways to institutionalize progressive politics in a conservative institutional context. Brian Stipelman, drawing upon a mixture of history, American political development, and political theory, offers a comprehensive theory of the New Deal, covering both the ends it hoped to achieve and the means it used to achieve them.