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 : 61. 42 MB
Format : PDF
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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

The Rise And Fall Of Freedom Of Contract

Author : P. S. Atiyah
ISBN : OCLC:1000363370
Genre : Contracts
File Size : 72. 53 MB
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Law And Social Norms

Author : Eric A. Posner
ISBN : 0674042301
Genre : Business & Economics
File Size : 34. 91 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.

Liberty Of Contract

Author : David N. Mayer
ISBN : 9781935308409
Genre : Law
File Size : 85. 42 MB
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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.

Academic Freedom At American Universities

Author : Philip Lee
ISBN : 9781498501019
Genre : Law
File Size : 33. 75 MB
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Lee argues that the dominant constitutional analysis of academic freedom is insufficient to protect the full range of academic freedom interests that have emerged over time. As an alternative to an exclusively First Amendment foundation for this freedom, it proposes for a contract-law-based conception specifically for professors.

The Rise And Fall Of The Third Reich

Author : William L. Shirer
ISBN : 9780795317002
Genre : History
File Size : 29. 46 MB
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When the Third Reich fell, it fell swiftly. The Nazis had little time to cover up their memos, their letters, or their diaries. William L. Shirer’s definitive book on the Third Reich uses these unique sources. Combined with his personal experience with the Nazis, living through the war as an international correspondent, The Rise and Fall of the Third Reich not only earned Shirer a National Book Award but is recognized as one of the most important and authoritative books about the Third Reich and Nazi Germany ever written. The diaries of propaganda minister Joseph Goebbels as well as evidence and other testimony gained at the Nuremberg Trials could not have found more artful hands. Shirer gives a clear, detailed and well-documented account of how it was that Adolf Hitler almost succeeded in conquering the world. With millions of copies in print, The Rise and Fall of the Third Reich has become one of the most authoritative books on one of mankind’s darkest hours. Shirer focuses on 1933 to 1945 in clear detail. Here is a worldwide bestseller that also tells the true story of the Holocaust, often in the words of the men who helped plan and conduct it. It is a classic by any measure. The book has been translated into twelve languages and was adapted as a television miniseries, broadcast by ABC in 1968. This first ever e-book edition is published on the 50th anniversary of this iconic work.

Contract As Promise

Author : Charles Fried
ISBN : 0674037316
Genre : Law
File Size : 31. 32 MB
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This book displays the underlying structure of a complex body of law and integrates that structure with moral principles. Charles Fried grounds the basic legal institution of contract in the morality of promise, under which individuals incur obligations freely by invoking each other's trust. Contract law and the promise principle are contrasted to the socially imposed obligations of compensation, restitution, and sharing, which determine the other basic institutions of private law, and which come into control where the parties have not succeeded in invoking the promise principle--as in the case of mistake or impossibility. Professor Fried illustrates his argument with a wide range of concrete examples; and opposing views of contract law are discussed in detail, particularly in connection with the doctrines of good faith, duress, and unconscionability. For law students and legal scholars, "Contract as Promise" offers a coherent survey of an important legal concept. For philosophers and social scientists, the book is a unique demonstration of the practical and detailed entailments of moral theory.

Consent Of The Networked

Author : Rebecca MacKinnon
ISBN : 9780465063758
Genre : Computers
File Size : 87. 80 MB
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The future of your freedom depends on whether you assert your rights within the digital spaces you inhabit. But, as corporations and countries square off onÑand overÑthe internet, the likely losers are us.

Without Consent Or Contract

Author : Robert William Fogel
ISBN : 0393312194
Genre : History
File Size : 55. 49 MB
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"[Fogel's] exceedingly careful testing of all possible sources and his pioneering methodological approach have allowed [him] both to increase our knowledge of an institutions operation and disintegration and to renew our methods of research." --from the citation to Robert William Fogel for the Nobel Memorial Prize in Economic Sciences Over the past quarter-century, Robert William Fogel has blazed new trails in scholarship on the lives of the slaves in the American South. Now he presents the dramatic rise and fall of the "peculiar institution," as the abolitionist movement rose into a powerful political force that pulled down a seemingly impregnable system.

How Civilizations Die

Author : David Goldman
ISBN : 9781596982802
Genre : Political Science
File Size : 28. 11 MB
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Thanks to collapsing birthrates, much of Europe is on a path of willed self-extinction. The untold story is that birthrates in Muslim nations are declining faster than anywhere elseâ??at a rate never before documented. Europe, even in its decline, may have the resources to support an aging population, if at a terrible economic and cultural cost. But in the impoverished Islamic world, an aging population means a civilization on the brink of total collapseâ?? something Islamic terrorists know and fear. Muslim decline poses new threats to America, challenges we cannot even understand, much less face effectively, without a wholly new kind of political analysis that explains how desperate peoples and nations behave. In How Civilizations Die, David P. Goldman, author of the celebrated Spengler column read by intelligence organizations world wide, ??reveals how, almost unnoticed, massive shifts in global power are remaking our future.

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