The Fall and Rise of Freedom of Contract

Hardcover (Print)
Used and New from Other Sellers
Used and New from Other Sellers
from $64.20
Usually ships in 1-2 business days
(Save 35%)
Other sellers (Hardcover)
  • All (4) from $64.20   
  • New (2) from $73.28   
  • Used (2) from $64.20   
Close
Sort by
Page 1 of 1
Showing All
Note: Marketplace items are not eligible for any BN.com coupons and promotions
$73.28
Seller since 2008

Feedback rating:

(100)

Condition:

New — never opened or used in original packaging.

Like New — packaging may have been opened. A "Like New" item is suitable to give as a gift.

Very Good — may have minor signs of wear on packaging but item works perfectly and has no damage.

Good — item is in good condition but packaging may have signs of shelf wear/aging or torn packaging. All specific defects should be noted in the Comments section associated with each item.

Acceptable — item is in working order but may show signs of wear such as scratches or torn packaging. All specific defects should be noted in the Comments section associated with each item.

Used — An item that has been opened and may show signs of wear. All specific defects should be noted in the Comments section associated with each item.

Refurbished — A used item that has been renewed or updated and verified to be in proper working condition. Not necessarily completed by the original manufacturer.

New
1999 Hardcover New Ships Fast! Satisfaction Guaranteed!

Ships from: Skokie, IL

Usually ships in 1-2 business days

  • Canadian
  • International
  • Standard, 48 States
  • Standard (AK, HI)
  • Express, 48 States
  • Express (AK, HI)
$74.05
Seller since 2007

Feedback rating:

(23490)

Condition: New
BRAND NEW

Ships from: Avenel, NJ

Usually ships in 1-2 business days

  • Canadian
  • International
  • Standard, 48 States
  • Standard (AK, HI)
Page 1 of 1
Showing All
Close
Sort by

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

Read More Show Less

Editorial Reviews

From the Publisher
“A compendium of original scholarship about the continuing vitality of our legal and political regime based on contract. This is an important book.”—Fred S. McChesney, Northwestern University School of Law

“An interesting and impressive collection of essays that pulls together important research and arguments by an unusually impressive lineup of contributors. This a major piece of work.” —Paul H. Haagen, Duke University School of Law

“One of the most notable trends in recent legal scholarship is the reinvigoration of the contract paradigm, and these original papers by some of the most distinguished North American law-and-economics scholars make a strong case for the virtues of contractarianism across a wide spectrum of legal specialties, including contract law, tort law, family law, bankruptcy, and private international law. The commentaries develop nuanced concepts, such as efficiency-enhancing limitations on contractual freedom. This important, impressive, and timely collection, accessible to a wide audience, should become the standard reference on free bargaining and contractarianism.”—Thomas S. Ulen, University of Illinois College of Law

“These brilliant essays show that the ethic of respect for the uniqueness of individuals can influence and justify a return to bargaining freedom in a surprising variety of legal areas.”—James W. Bowers, Louisiana State University Law Center

Read More Show Less

Product Details

  • ISBN-13: 9780822323334
  • Publisher: Duke University Press
  • Publication date: 8/28/1999
  • Pages: 480
  • Lexile: 1570L (what's this?)
  • Product dimensions: 6.45 (w) x 9.60 (h) x 1.67 (d)

Meet the Author

F. H. Buckley is Professor of Law at the George Mason School of Law. He is the author of several books, including Corporations: Principles and Policies.

Read More Show Less

Table of Contents

Preface
Introduction 1
I Free Bargaining and Formalism
Contracts Small and Contract Large: Contract Law through the Lens of Laissez-Faire 25
The Decline of Formality in Contract Law 61
External Critiques of Laissez-Faire Contract Values 78
In Defense of the Old Order 93
The Limits of Freedom of Contract in the Age of Laissez-Faire Constitutionalism 103
II Bargaining around Tort Law
Courts and the Tort-Contract Boundary in Product Liability 119
Commodifying Liability 139
III Contracting for Land Use Law
Zoning by Private Contract 157
Dealing with the NIMBY Problem 177
Devolutionary Proposals and Contractarian Principles 184
The (Limited) Ability of Urban Neighbors to Contract for the Provision of Local Public Goods 192
IV Free Bargaining in Family Law
A Contract Theory of Marriage 201
Marriage as a Signal 245
Family Law and Social Norms 256
Contracting around No-Fault Divorce 275
V Bargaining around Bankruptcy Reorganization Law
Contracting for Bankruptcy Systems 281
Free Contracting in Bankruptcy 301
Free Contracting in Bankruptcy at Home and Abroad 311
VI Choosing Law by Contract
Contract and Jurisdictional Freedom 325
A Comment on Contract and Jurisdictional Competition 349
Choice of Law as Precommitment Device 357
Corporate Law as the Paradigm for Contractual Choice of Law 370
Notes 387
Contributors 457
Index 459
Read More Show Less

Customer Reviews

Average Rating 1
( 1 )
Rating Distribution

5 Star

(0)

4 Star

(0)

3 Star

(0)

2 Star

(0)

1 Star

(1)

Your Rating:

Your Name: Create a Pen Name or

Barnes & Noble.com Review Rules

Our reader reviews allow you to share your comments on titles you liked, or didn't, with others. By submitting an online review, you are representing to Barnes & Noble.com that all information contained in your review is original and accurate in all respects, and that the submission of such content by you and the posting of such content by Barnes & Noble.com does not and will not violate the rights of any third party. Please follow the rules below to help ensure that your review can be posted.

Reviews by Our Customers Under the Age of 13

We highly value and respect everyone's opinion concerning the titles we offer. However, we cannot allow persons under the age of 13 to have accounts at BN.com or to post customer reviews. Please see our Terms of Use for more details.

What to exclude from your review:

Please do not write about reviews, commentary, or information posted on the product page. If you see any errors in the information on the product page, please send us an email.

Reviews should not contain any of the following:

  • - HTML tags, profanity, obscenities, vulgarities, or comments that defame anyone
  • - Time-sensitive information such as tour dates, signings, lectures, etc.
  • - Single-word reviews. Other people will read your review to discover why you liked or didn't like the title. Be descriptive.
  • - Comments focusing on the author or that may ruin the ending for others
  • - Phone numbers, addresses, URLs
  • - Pricing and availability information or alternative ordering information
  • - Advertisements or commercial solicitation

Reminder:

  • - By submitting a review, you grant to Barnes & Noble.com and its sublicensees the royalty-free, perpetual, irrevocable right and license to use the review in accordance with the Barnes & Noble.com Terms of Use.
  • - Barnes & Noble.com reserves the right not to post any review -- particularly those that do not follow the terms and conditions of these Rules. Barnes & Noble.com also reserves the right to remove any review at any time without notice.
  • - See Terms of Use for other conditions and disclaimers.
Search for Products You'd Like to Recommend

Recommend other products that relate to your review. Just search for them below and share!

Create a Pen Name

Your Pen Name is your unique identity on BN.com. It will appear on the reviews you write and other website activities. Your Pen Name cannot be edited, changed or deleted once submitted.

 
Your Pen Name can be any combination of alphanumeric characters (plus - and _), and must be at least two characters long.

Continue Anonymously
Sort by: Showing all of 2 Customer Reviews
  • Anonymous

    Posted July 14, 2013

    Holy crap expensive

    Terrible crsp

    0 out of 1 people found this review helpful.

    Was this review helpful? Yes  No   Report this review
  • Anonymous

    Posted February 15, 2013

    No

    Too expensive

    0 out of 1 people found this review helpful.

    Was this review helpful? Yes  No   Report this review
Sort by: Showing all of 2 Customer Reviews

If you find inappropriate content, please report it to Barnes & Noble
Why is this product inappropriate?
Comments (optional)