The Fall and Rise of Freedom of Contract

The Fall and Rise of Freedom of Contract

1.0 1
by F. H. Buckley
     
 

ISBN-10: 0822323338

ISBN-13: 9780822323334

Pub. Date: 08/27/1999

Publisher: Duke University Press Books

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,

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Overview

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

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Product Details

ISBN-13:
9780822323334
Publisher:
Duke University Press Books
Publication date:
08/27/1999
Pages:
480
Product dimensions:
6.45(w) x 9.60(h) x 1.67(d)
Lexile:
1570L (what's this?)

Table of Contents

Preface
Introduction1
IFree Bargaining and Formalism
Contracts Small and Contract Large: Contract Law through the Lens of Laissez-Faire25
The Decline of Formality in Contract Law61
External Critiques of Laissez-Faire Contract Values78
In Defense of the Old Order93
The Limits of Freedom of Contract in the Age of Laissez-Faire Constitutionalism103
IIBargaining around Tort Law
Courts and the Tort-Contract Boundary in Product Liability119
Commodifying Liability139
IIIContracting for Land Use Law
Zoning by Private Contract157
Dealing with the NIMBY Problem177
Devolutionary Proposals and Contractarian Principles184
The (Limited) Ability of Urban Neighbors to Contract for the Provision of Local Public Goods192
IVFree Bargaining in Family Law
A Contract Theory of Marriage201
Marriage as a Signal245
Family Law and Social Norms256
Contracting around No-Fault Divorce275
VBargaining around Bankruptcy Reorganization Law
Contracting for Bankruptcy Systems281
Free Contracting in Bankruptcy301
Free Contracting in Bankruptcy at Home and Abroad311
VIChoosing Law by Contract
Contract and Jurisdictional Freedom325
A Comment on Contract and Jurisdictional Competition349
Choice of Law as Precommitment Device357
Corporate Law as the Paradigm for Contractual Choice of Law370
Notes387
Contributors457
Index459

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The Fall and Rise of Freedom of Contract 1 out of 5 based on 0 ratings. 2 reviews.
Anonymous More than 1 year ago
Terrible crsp
Anonymous More than 1 year ago
Too expensive