the fall and rise of freedom of contract

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The Fall And Rise Of Freedom Of Contract

Author : F. H. Buckley
ISBN : 0822323338
Genre : Law
File Size : 87. 30 MB
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DIVOriginal essays by prominent legal scholars on the recent intellectual revival of freedom of contract and the value of free bargaining; the essays will be gleaned from a series of conferences organized around areas where bargaining rights might be expande/div

Internationalisierung Des Rechts Und Seine Konomische Analyse Internationalization Of The Law And Its Economic Analysis

Author : Thomas Eger
ISBN : 9783835055827
Genre : Law
File Size : 23. 66 MB
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The interrelationship of law and economics has penetrated several areas of law, including general civil law, business law as well as constitutional law. 59 renowned legal scholars and economists of 15 countries discuss current fundamental issues in law and economics as well as its future perspectives. A special focus is placed on the Europeanisation and the internationalisation of the law.

The State And Freedom Of Contract

Author :
ISBN : 0804765278
Genre :
File Size : 62. 49 MB
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Darwinian Politics

Author : Paul H. Rubin
ISBN : 0813530962
Genre : Philosophy
File Size : 83. 46 MB
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Darwinian Politics is the first book to examine political behavior from a modern evolutionary perspective. Here, Paul H. Rubin discusses group or social behavior, including ethnic and racial conflict; altruism and cooperation; envy; political power; and the role of religion in politics 3⁄4 issues that have formed the hallmark of human social behavior. Adopting a Darwinian perspective, Rubin demonstrates why certain political-moral philosophies succeed or fail in modern Western culture. He begins by showing relationships between biology and natural selection and the history of political philosophy and explains why desirable policies must treat each person as an individual. He considers the notion of group identity and conflict, observing a human propensity to form in-groups, a behavior that does not necessitate but often leads to deviancies such as racism. In discussing altruism, Rubin shows that people are willing to aid the poor if they are convinced that the recipients are not shirkers or free loaders. This explains why recent welfare reforms are widely viewed as successful. Envy, a trait that is often counterproductive in today's world, is also addressed. In comparing major moral philosophical systems, Rubin contends that utilitarianism is broadly consistent with our evolved preferences. He illustrates evolutionary premises for religious belief and for desires to regulate the behavior of others, and how in today's world such regulation may not serve any useful purpose. Ultimately, Rubin argues that humans naturally seek political freedom, and modern Western society provides more freedom than any previous one. In light of his analysis, the author extrapolates that, while there are still areas for improvements, humans have done a remarkably good job of satisfying their evolved political preferences.

Essential Law For Social Workers

Author : Robert G. Madden
ISBN : 9780231508995
Genre : Social Science
File Size : 61. 28 MB
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Whether protecting their own rights or those of their clients, or navigating the juvenile justice, immigration, or welfare systems, social workers confront legal issues every day. This book explores legal concepts, legal reasoning, and legal processes—illustrated with case vignettes from social work practice—in order to provide social work practitioners and students with practical and accessible legal knowledge. It introduces readers to scholarship about the law and to conceptual knowledge that can be applied to any interaction with the legal system. Social workers are thereby enabled to "think like a lawyer" and increase their effectiveness. The volume features a discussion of recent reform movements, including Alternative Dispute Resolution, and an appendix of sources for legal information and research on the law.

Marriage And Family

Author : H. Elizabeth Peters
ISBN : 9780231520027
Genre : Social Science
File Size : 60. 85 MB
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Family life has been radically transformed over the past three decades. Half of all households are unmarried, while only a quarter of all married households have kids. A third of the nation's births are to unwed mothers, and a third of America's married men earn less than their wives. With half of all women cohabitating before they turn thirty and gay and lesbian couples settling down with increasing visibility, there couldn't be a better time for a book that tracks new conceptions of marriage and family as they are being formed. The editors of this volume explore the motivation to marry and the role of matrimony in a diverse group of men and women. They compare empirical data from several emerging family types (single, co-parent, gay and lesbian, among others) to studies of traditional nuclear families, and they consider the effect of public policy and recent economic developments on the practice of marriage and the stabilization or destabilization of family. Approaching this topic from a variety of perspectives, including historical, cross-cultural, gendered, demographic, socio-biological, and social-psychological viewpoints, the editors highlight the complexity of the modern American family and the growing indeterminacy of its boundaries. Refusing to adhere to any one position, the editors provide an unbiased account of contemporary marriage and family.

Law And Social Norms

Author : Eric A. Posner
ISBN : 0674042301
Genre : Business & Economics
File Size : 39. 21 MB
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What is the role of law in a society in which order is maintained mostly through social norms, trust, and nonlegal sanctions? Eric Posner argues that social norms are sometimes desirable yet sometimes odious, and that the law is critical to enhancing good social norms and undermining bad ones. But he also argues that the proper regulation of social norms is a delicate and complex task, and that current understanding of social norms is inadequate for guiding judges and lawmakers. What is needed, and what this book offers, is a model of the relationship between law and social norms. The model shows that people's concern with establishing cooperative relationships leads them to engage in certain kinds of imitative behavior. The resulting behavioral patterns are called social norms. Posner applies the model to several areas of law that involve the regulation of social norms, including laws governing gift-giving and nonprofit organizations; family law; criminal law; laws governing speech, voting, and discrimination; and contract law. Among the engaging questions posed are: Would the legalization of gay marriage harm traditional married couples? Is it beneficial to shame criminals? Why should the law reward those who make charitable contributions? Would people vote more if non-voters were penalized? The author approaches these questions using the tools of game theory, but his arguments are simply stated and make no technical demands on the reader.

Contract Law In Perspective

Author : Linda Mulcahy
ISBN : 185941771X
Genre : Law
File Size : 85. 58 MB
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This book complements 'black letter' treatments of contract by looking at legal doctrine and statutes in their social. political and economic context. In addition to describing the key doctrines in the field it explains the ideology behind them and considers the extent to which they serve the needs of the business community and consumers. The book aims to broaden understanding and appreciation of the subject by reference to the 'big ideas' in contract theory and how these relate to practice at a level which is suitable for students. This latest edition of an established text has been substantially revised. The chapters on standard form contracts. government contracts. contract and competition. and clauses regularly found in business contracts have been updated. In addition there are new chapters on contemporary critiques of contract and dispute resolution in the post Woolf era which introduce students to new ideas about the modern day role of contract.

The Philosophical Origins Of Modern Contract Doctrine

Author : James Gordley
ISBN : 9780191029615
Genre : Law
File Size : 58. 66 MB
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This study traces the influence of philosophical ideas on the development of contract law from the post-Roman period to the 19th century, focusing upon the synthesis of Roman law and the moral philosophy of Aristotle and Aquinas.

Foundational Texts In Modern Criminal Law

Author : Markus D Dubber
ISBN : 9780191654626
Genre : Law
File Size : 35. 36 MB
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Foundational Texts in Modern Criminal Law presents essays in which scholars from various countries and legal systems engage critically with formative texts in criminal legal thought since Hobbes. It examines the emergence of a transnational canon of criminal law by documenting its intellectual and disciplinary history and provides a snapshot of contemporary work on criminal law within that historical and comparative context. Criminal law discourse has become, and will continue to become, more international and comparative, and in this sense global: the long-standing parochialism of criminal law scholarship and doctrine is giving way to a broad exploration of the foundations of modern criminal law. The present book advances this promising scholarly and doctrinal project by making available key texts, including several not previously available in English translation, from the common law and civil law traditions, accompanied by contributions from leading representatives of both systems.

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