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Globalization of Freedom of Contract

Martin Shapiro

in On Law, Politics, and Judicialization

Published in print:
2002
Published Online:
November 2003
ISBN:
9780199256488
eISBN:
9780191600234
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199256489.003.0009
Subject:
Political Science, Comparative Politics

The two papers in Ch. 5 examine how lawyers and law professors, operating in private arenas, successfully revived a pre-modern legal system, the Lex Mercatoria – the international body of trade law ... More


The Liberal Conception of Justice

Randy E. Barnett

in The Structure of Liberty: Justice and the Rule of Law

Published in print:
2000
Published Online:
November 2003
ISBN:
9780198297291
eISBN:
9780191598777
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198297297.003.0004
Subject:
Political Science, Political Theory

The liberal conception of justice is introduced and refined in light of the need to address the first‐order problem of knowledge. ‘Justice’ is respect for the rights of individuals and associations. ... More


The Incentive Problem

Randy E. Barnett

in The Structure of Liberty: Justice and the Rule of Law

Published in print:
2000
Published Online:
November 2003
ISBN:
9780198297291
eISBN:
9780191598777
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198297297.003.0008
Subject:
Political Science, Political Theory

The incentive problem concerns ensuring that persons have an adequate incentive to make choices reflecting the knowledge to which they have access and to discover new information. This problem is ... More


Goals, Tasks, and Theories

Steven J. Burton

in Elements of Contract Interpretation

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195337495
eISBN:
9780199868650
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195337495.003.0001
Subject:
Law, Law of Obligations

This chapter gives an overview of the book's structure, which emphasizes the goals, tasks, and theories of contract interpretation. There are four main goals: implementing freedom of and freedom from ... More


Fighting Crime Without Punishment

Randy E. Barnett

in The Structure of Liberty: Justice and the Rule of Law

Published in print:
2000
Published Online:
November 2003
ISBN:
9780198297291
eISBN:
9780191598777
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198297297.003.0011
Subject:
Political Science, Political Theory

In a legal system based on pure restitution and self‐defence combined with enhanced reliance on several property and freedom of contract, the ability to effectively prevent crime rather than deter ... More


EC Public Procurement Law and Equality Linkages: Foundations for Interpretation

Christopher McCrudden

in Buying Social Justice: Equality, Government Procurement, and Legal Change

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199232420
eISBN:
9780191716058
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199232420.003.0016
Subject:
Law, Public International Law, EU Law

This chapter examines the relationship between procurement linkages and the interpretation of existing EC law. It sets out the foundations for an interpretation of the procurement directives as they ... More


Gender, Protection, and the Courts, 1895–1907

Nancy Woloch

in A Class by Herself: Protective Laws for Women Workers, 1890s-1990s

Published in print:
2015
Published Online:
October 2017
ISBN:
9780691002590
eISBN:
9781400866366
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691002590.003.0003
Subject:
History, American History: 20th Century

This chapter discusses how the courts shaped protective policy from the 1890s to 1907. During this period, state and federal courts began a legal conversation about state protective laws. In court, ... More


Freedom of Contract in the Courts, 1770–1870–1

P. S. Atiyah

in The Rise and Fall of Freedom of Contract

Published in print:
1985
Published Online:
March 2012
ISBN:
9780198255277
eISBN:
9780191681578
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198255277.003.0014
Subject:
Law, Law of Obligations

This chapter examines changes in the treatment of freedom of contract in England during the period from 1770 to 1870. This period witnessed the emergence of general principles of contract law closely ... More


Agreed Remedies

Solène Rowan

in Remedies for Breach of Contract: A Comparative Analysis of the Protection of Performance

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199606603
eISBN:
9780191738722
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199606603.003.0006
Subject:
Law, Company and Commercial Law

This chapter makes a suggestion as to how the remedial regime for breach of contract in England might be strengthened. It is argued that contracting parties should be permitted to agree upon the ... More


The Wheel Come Full Circle

P. S. Atiyah

in The Rise and Fall of Freedom of Contract

Published in print:
1985
Published Online:
March 2012
ISBN:
9780198255277
eISBN:
9780191681578
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198255277.003.0022
Subject:
Law, Law of Obligations

This chapter discusses the decline of freedom of contract in England during the 20th century. During this period, freedom of contract ceased to be a living issue. And though it was by no means dead ... More


Freedom of Contract in Parliament, 1770–1870

P. S. Atiyah

in The Rise and Fall of Freedom of Contract

Published in print:
1985
Published Online:
March 2012
ISBN:
9780198255277
eISBN:
9780191681578
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198255277.003.0016
Subject:
Law, Law of Obligations

This chapter examines changes in the treatment of the idea of freedom of contract in parliament in England during the period from 1770 to 1870. It suggests that during the earlier part of this ... More


The Decline of Freedom of Contract, 1870–1970

P. S. Atiyah

in The Rise and Fall of Freedom of Contract

Published in print:
1985
Published Online:
March 2012
ISBN:
9780198255277
eISBN:
9780191681578
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198255277.003.0021
Subject:
Law, Law of Obligations

This chapter examines the decline of freedom of contract in England during the period from 1870 to 1970. It focuses on the settling of classical contract theory and the failure of classical law. It ... More


The Rise and Fall of Freedom of Contract

P. S. Atiyah

Published in print:
1985
Published Online:
March 2012
ISBN:
9780198255277
eISBN:
9780191681578
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198255277.001.0001
Subject:
Law, Law of Obligations

This book is an attempt to trace the history of one of the great intellectual movements of modern times. The major part concentrates on England between 1770 and 1970, but the origins of freedom of ... More


Economics for Consumer Policy: Keynes Lecture In Economics

John Vickers

in Proceedings of the British Academy Volume 125, 2003 Lectures

Published in print:
2005
Published Online:
January 2012
ISBN:
9780197263242
eISBN:
9780191734014
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197263242.003.0012
Subject:
History, Cultural History

This lecture reviews the economic foundations for consumer policy, including rationales for public constraints on freedom of contract. It emphasises parallels and some possible tensions that exist ... More


The Legal Background, 1770–1870

P. S. Atiyah

in The Rise and Fall of Freedom of Contract

Published in print:
1985
Published Online:
March 2012
ISBN:
9780198255277
eISBN:
9780191681578
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198255277.003.0013
Subject:
Law, Law of Obligations

This chapter examines changes in the legal condition in England during the period from 1770 to 1870 and looks at the implications this has for freedom of contract. It analyses the legal profession ... More


The Use and Abuse of Historical Narrative: Debates over Incomplete Contracts

in Calculating Promises: The Emergence of Modern American Contract Doctrine

Published in print:
2006
Published Online:
June 2013
ISBN:
9780804753982
eISBN:
9780804768054
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804753982.003.0011
Subject:
Law, Legal History

The debate over incomplete contracts pits two sides (dubbed right and left poles), both of which rely on a common historical narrative to generate opposing normative conclusions. This historical ... More


The Legal Background in 1770

P. S. Atiyah

in The Rise and Fall of Freedom of Contract

Published in print:
1985
Published Online:
March 2012
ISBN:
9780198255277
eISBN:
9780191681578
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198255277.003.0005
Subject:
Law, Law of Obligations

This chapter provides additional legal background related to the idea of freedom of contract in England in 1770. During this period, the parliament's principal function was not conceived as that of ... More


Freedom of Contract in the Courts, 1770–1870–11

P. S. Atiyah

in The Rise and Fall of Freedom of Contract

Published in print:
1985
Published Online:
March 2012
ISBN:
9780198255277
eISBN:
9780191681578
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198255277.003.0015
Subject:
Law, Law of Obligations

This chapter examines changes in the treatment of freedom of contract in England during the period from 1770 to 1870, particularly the decline of reliance and benefit and the development of the law ... More


The Condition of England, 1870–1970

P. S. Atiyah

in The Rise and Fall of Freedom of Contract

Published in print:
1985
Published Online:
March 2012
ISBN:
9780198255277
eISBN:
9780191681578
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198255277.003.0017
Subject:
Law, Law of Obligations

This chapter examines changes in the political and economic conditions in England during the period from 1870 to 1970 and the implications of these changes for freedom of contract. During this ... More


The Intellectual Background in 1770–11

P. S. Atiyah

in The Rise and Fall of Freedom of Contract

Published in print:
1985
Published Online:
March 2012
ISBN:
9780198255277
eISBN:
9780191681578
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198255277.003.0004
Subject:
Law, Law of Obligations

This chapter provides additional intellectual background related to the freedom of contract in England in 1770. It examines the influence of medieval thoughts on the economic ideas of the time and ... More


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