The Rise and Fall of Freedom of Contract

This unique text will appeal to all practising teachers and students alike and provides a valuable and practical guide to the theory and application of e-learning.

Author: Patrick Selim Atiyah

Publisher: Oxford University Press on Demand

ISBN: IND:39000007372225

Category: History

Page: 792

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Psychology for the Classroom: E-Learningis a lively and accessible introduction to the field of technology-supported teaching and learning and the educational psychology associated with those developments. Offering a substantial and practical analysis of e-learning, this practical book includes current research, offers a grounding in both theory and pedagogical application and contains illustrative case studies designed to stimulate thinking about technology and education. The author places particular focus on the developing theory and practice of cybergogy as well as interpretations of conventional theories such as behaviourism, cognitivism and constructivism in the context of e-learning. The book also explores how these developments provide new opportunities, contexts and environments for learning including: Virtual learning environments; Social networking; Social justice; Cyber-bullying; New patterns of learning; Visualisations; Algorithm; Programmed learning. This unique text will appeal to all practising teachers and students alike and provides a valuable and practical guide to the theory and application of e-learning.
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The Fall and Rise of Freedom of Contract

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 ...

Author: F. H. Buckley

Publisher: Duke University Press

ISBN: 0822323338

Category: Law

Page: 461

View: 810

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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
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The State and Freedom of Contract

For a more general overview of the developments, see James Gord- ley, The
Philosophical Origins of Modern Contract Doctrine (Oxford, 1991). 14. P. S.
Atiyah, Rise and Fall of Freedom of Contract (Oxford, 1979), 399-400 (Atiyah
here gives ...


Publisher: Stanford University Press

ISBN: 0804765278


Page: 392

View: 340

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The relationship of law to economic freedom has been a vital element in the history of all modern democratic societies. "Freedom of contract" is both a technical term in law, referring to private agreements and promises, and a metaphor often deployed to describe economic liberty. This volume of new essays by eminent legal historians offers fresh perspectives on freedom of contract in both senses of the term, and considers how economic freedom relates to such classic political freedoms as free speech and other Anglo-American constitutional norms. The principal focus of the essays is on broad issues of policy and law, rather than on narrow considerations of legal doctrine. All the contributors reject stereotypes that pervade the existing literature about the allegedly unalloyed individualism of the common law, and show how active state interventions of various kinds have shaped contract law in relation to social change throughout our legal history. Equally, however, they reject shibboleths regarding "bringing the state back in," and take a hard look at the claims of statist ideology regarding the norms and rules that have established the legal boundaries of liberty in the modern industrial and post-industrial eras. The topics covered are Blackstone's claim that property was the "despotic dominion of the private owner" (A. W. B. Simpson), labor and contract (John V. Orth), the influence of philosophical trends on legal innovations (James Gordley), contract and individualism (David Lieberman), the tradition of public rights (Harry N. Scheiber), the formal concept of "liberty of contract" in American law (Charles McCurdy), the interwoven history of labor law and contract law (Arthur McEvoy), public policy in relation to natural resources (Donald Pisani), and globalization of freedom of contract (Martin Shapiro).
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Contract Law in Perspective

- - - - - - - - - - - - - The law of contract cannot be fully understood without reference
to the history of ideas which underpins it . It will become apparent in the course ...

Author: Linda Mulcahy

Publisher: Psychology Press

ISBN: 185941771X

Category: Law

Page: 276

View: 937

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This book approaches contract law from its social, political and economic context and by doing so aims to broaden understanding and appreciation of the subject at a level which is suitable for students. Legal and business perspectives are introduced, as are some sociological and economic ideas and influences.
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The Philosophical Origins of Modern Contract Doctrine

It is a thesis of Gilmore” and the theme of Atiyah's study, The Rise and Fall of
Freedom of Contract.” According to Savatier, Tunc, and Ranouil, nineteenth-
century French contract law was suited to an age of liberalism." According to
Ranouil, it ...

Author: James Gordley

Publisher: Clarendon Press

ISBN: 9780191029615

Category: Law

Page: 272

View: 793

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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.
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Internationalisierung des Rechts und seine konomische Analyse Internationalization of the Law and its Economic Analysis

ECONOMIES: A COMMON EXPERIENCE Francisco Cabrillo A. The Principle of
Freedom of Contract B. Freedom of Contract in Common Law and Civil Law C. A
brief ...

Author: Thomas Eger

Publisher: Springer-Verlag

ISBN: 9783835055827

Category: Law

Page: 767

View: 952

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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.
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Work Law Cases and Materials Second Edition

in the United States originated as an amalgam of ... As we will see in Chapter 3,
the default rule was that employment contracts were mutually terminable at will.

Author: Marion G. Crain

Publisher: LexisNexis

ISBN: 9780327176558

Category: Law

Page: 1146

View: 965

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The law of work has evolved as a patchwork of legal interventions in the labor market, sometimes by statute, and sometimes through the common law of judicial decisions. Most law school curricula divide the law of work into three topical areas--Labor Law, Employment Law, and Employment Discrimination--and offer separate courses in each area. Labor law in the United States is understood to encompass the study of the National Labor Relations Act, the law governing union organizing and collective bargaining. It is the law of collective rights at work. Employment law refers to the statutes and common law governing individual rights at work. It ranges from minimum standards legislation to judicially created doctrines based in tort and contract law. Employment discrimination law deals with the statutes and interpretative case law advancing the antidiscrimination norm in the workplace. These statutes address the problem of status discrimination at work (e.g., discrimination on the basis of race, sex, national origin, ethnicity, religion, disability, or sexual orientation). A comprehensive study of the law of work also provides an opportunity to assess critically what form enforcement of rights should take. Should conflicts between employers and employees be channeled into private resolution systems such as collective bargaining or contractual arbitration, or is the public interest sufficient to justify committing administrative, judicial and legislative resources to it? What is the significance of casting employee rights as collective--and therefore entrusting their enforcement to an employee representative such as a union--versus conceptualizing them as individual? Must such a collective representative be independent of the employer, or do employer-initiated employee committees further worker voice just as effectively? Doesn't history also warn of the risks of subordinating individual interests to those of the collective, particularly in the context of a diverse workforce with minority groups characterized by race, ethnicity or gender? Accordingly, the casebook is called " Work Law" and it endeavors to present basic materials on each system of labor market regulation. The book identies core themes of conflict and concern in the workplace, canvass the governing law, and offer a vantage point for assessment. Several themes furnish the organizing structure for the book. The book asks how law should mediate the perennial conflict between employer and employee rights; what difference it makes whether employee rights are conceptualized individually or collectively; what significance the increasing racial, ethnic, and gender diversity of the workforce should have for legal policy; whether dispute resolution systems should be privatized (via collective bargaining or individual contract) or remain in the public fora (courts and legislatures); and whether law is the most effective way to address interests of employers and employees (as contrasted, for example, with human resource practices, employer initiatives, or employee self-help measures). The book will be most useful in Employment Law courses that address the significance of conceptualizing rights at work individually as opposed to collectively. Its strength is its refusal to categorize the law of the workplace in doctrinal boxes that may be out-of-date by the time the book reaches maturity. The book adverts to Labor Law principles at a number of points throughout the book, but at a policy level rather than a doctrinal level, as a way of introducing and evaluating an alternative model of employee representation; the book does not assume any knowledge of Labor Law on the part of teacher or student and makes no effort to provide a satisfactory substitute for a Labor Law text. The book offers some detail in the law of Employment Discrimination but does so primarily with an eye toward surveying the field and assessing antidiscrimination regulation as a response to an increasingly diverse workforce, rather than providing an in-depth study of Employment Discrimination principles. The text surveys the existing legal landscape, but it does not stop there. Work Law is an exciting and intellectually stimulating practice area because it is of necessity in a constant state of flux, responding to labor market innovations. Flexibility in thinking is vital to this area of practice.
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The European Private International Law of Employment

2.1.1 Shortcomings of party autonomy: freedom of contract Party autonomy in
private international law is derived from the wider principle of freedom of ... 16
P. S. Atiyah, The Rise and Fall of Freedom of Contract (Oxford: Clarendon, 1979),

Author: Uglješa Grušić

Publisher: Cambridge University Press

ISBN: 9781316299944

Category: Law


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The European Private International Law of Employment provides a descriptive and normative account of the European rules of jurisdiction and choice of law which frame international employment litigation in the courts of EU Member States. The author outlines the relevant rules of the Brussels I Regulation Recast, the Rome Regulations, the Posted Workers Directive and the draft of the Posting of Workers Enforcement Directive, and assesses those rules in light of the objective of protection of employees. By using the UK as a case study, he also highlights the impact of the 'Europeanisation' of private international law on traditional perceptions and rules in this field of law in individual Member States. For example, the author demonstrates that the private international law of the EU is fundamentally reshaping English conflict of laws by almost completely merging the traditionally perceived contractual, statutory and tortious claims into one claim for choice-of-law purposes.
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The Case of Standard Forms Steve Hedley The contract law of the Victorian
period has received more and more attention in the last 15 years. The area is
dominated by Professor Atiyah's The Rise and Fall of Freedom of Contract, but ...

Author: Thomas G. Watkin

Publisher: A&C Black

ISBN: 9781852850289

Category: Law

Page: 242

View: 405

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Proprietary Remedies in Context

1 M Trebilcock, The Limits of Freedom of Contract (Cambridge, Mass., Harvard
University Press, 1993) 1–22. 2 For a historical account of these norms and the
ideology from which they are derived, see P Atiyah, The Rise and Fall of
Freedom ...

Author: Craig Rotherham

Publisher: Hart Publishing

ISBN: 9781841131658

Category: Law

Page: 354

View: 282

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The book examines redistributive processes such as tracing, subrogation and proprietary estoppel and the use of the constructive trust.
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The Law of Contract 1670 1870

... Rise and Fall of Freedom of Contract (Oxford: Oxford University Press, 1979). 3
A.W.B. Simpson,'Innovation in Nineteenth Century Contract Law'(1975) 91 Law
Quarterly Review 247; D.J. Ibbetson, A Historical Introduction to the Law of ...

Author: Warren Swain

Publisher: Cambridge University Press

ISBN: 9781107040762

Category: Law

Page: 362

View: 724

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This book considers the development of contract law doctrine in England from 1670 to 1870.
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English Common Law in the Age of Mansfield

Lord Mansfield's task was to discover their highest common factor and to express
it in terms of contract.''30 the parties' ... to Personal Property''). . P. S. Atiyah, The
Rise and Fall of Freedom of Contract (Oxford: Clarendon, 1979), 215–17.

Author: James Oldham

Publisher: Univ of North Carolina Press

ISBN: 9780807864005

Category: Law

Page: 448

View: 804

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In the eighteenth century, the English common law courts laid the foundation that continues to support present-day Anglo-American law. Lord Mansfield, Chief Justice of the Court of King's Bench, 1756-1788, was the dominant judicial force behind these developments. In this abridgment of his two-volume book, The Mansfield Manuscripts and the Growth of English Law in the Eighteenth Century, James Oldham presents the fundamentals of the English common law during this period, with a detailed description of the operational features of the common law courts. This work includes revised and updated versions of the historical and analytical essays that introduced the case transcriptions in the original volumes, with each chapter focusing on a different aspect of the law. While considerable scholarship has been devoted to the eighteenth-century English criminal trial, little attention has been given to the civil side. This book helps to fill that gap, providing an understanding of the principal body of substantive law with which America's founding fathers would have been familiar. It is an invaluable reference for practicing lawyers, scholars, and students of Anglo-American legal history.
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Dominion and Wealth

party to a contract may be said to have gone through the motions of entering a
contract without in fact assenting to its ... of American Law, by Morton Horowitz',
and the excellent study, The Rise and FAll of Freedom of Contract, by P.S. Atiyah.

Author: D.C. Kline

Publisher: Springer Science & Business Media

ISBN: 9789400938779

Category: Philosophy

Page: 250

View: 510

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Donna Kline's contribution to the Sovietica series falls outside the strict confines of the study of Soviet Marxism-Leninism. It centers its attention on the seemingly minor question of Marx' knowledge of and attitude toward the legal theory and practice in vogue at the time he was writing studies that directly addressed issues of law and economics, and that indirectly helped to fashion the legal and economic behavior of Soviet-style regimes. That this question is not as minor or as irrelevant to Marxism-Leninism as it might seem at fIrst glance flows from Marx' obvious intent to do a thorough critique of all the vectors of 'bourgeois-capitalist' civilization and culture, clearly expressed in the many key texts, where 'legal relations' form at least part of the central focus. Marx' thought was forming when the 'bourgeois' law that had become self-conscious at the end of the 18th century was, following the French Revolution, trying to 'take possession' of the social-political consciousness of European-American culture, and fInding itself coming up against the 'vagaries' of economic quasi-anarchy. There is a sense in which the 'bourgeois-capitalist' efforts at developing a legal code for existing economic practice represent a sort of 'ideology in practice' to be applied to the same phenomena that Marx wanted to account for in his peculiarly Hegelian ideological critique.
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Contested Culture

Review of The Rise and Fall of Freedom of Contract, by P. S. Atiyah. Stanford
Law Review 33, no. 75 (April 1981): 753–72. . “The History of Mainstream Legal
Thought.” In The Politics of Law: A Progressive Critique, edited by David Kairys.

Author: Jane M. Gaines

Publisher: Univ of North Carolina Press

ISBN: 9780807861646

Category: Literary Criticism

Page: 360

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Jane M. Gaines examines the phenomenon of images as property, focusing on the legal staus of mechanically produced visual and audio images from popular culture. Bridging the fields of critical legal studies and cultural studies, she analyzes copyright, trademark, and intellectual property law, asking how the law constructs works of authorship and who owns the country's cultural heritage.
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Wrap Contracts

Robert A. Hillman, The Crisis in Modern Contract Theory, 67 TEX. L. REV. 103 (
1988). See also GRANT GILMORE, THE DEATH OF CONTRACT (The Ohio State
University Press) (1974); P. S. ATIYAH, THE RISE AND FALL OF FREEDOM OF ...

Author: Nancy S. Kim

Publisher: Oxford University Press

ISBN: 9780199399116

Category: Law

Page: 240

View: 169

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When you visit a website, check your email, or download music, you enter into a contract that you probably don't know exists. "Wrap contracts" - shrinkwrap, clickwrap and browsewrap agreements - are non-traditional contracts that look nothing like legal documents. Contrary to what courts have held, they are not "just like" other standard form contracts, and consumers do not perceive them the same way. Wrap contract terms are more aggressive and permit dubious business practices, such as the collection of personal information and the appropriation of user-created content. In digital form, wrap contracts are weightless and cheap to reproduce. Given their low cost and flexible form, businesses engage in "contracting mania" where they use wrap contracts excessively and in a wide variety of contexts. Courts impose a duty to read upon consumers but don't impose a duty upon businesses to make contracts easy to read. The result is that consumers are subjected to onerous legalese for nearly every online interaction. In Wrap Contracts: Foundations and Ramifications, Nancy Kim explains why wrap contracts were created, how they have developed, and what this means for society. She explains how businesses and existing law unfairly burden users and create a coercive contracting environment that forces users to "accept" in order to participate in modern life. Kim's central thesis is that how a contract is presented affects and reveals the intent of the parties. She proposes doctrinal solutions - such as the duty to draft reasonably, specific assent, and a reconceptualization of unconscionability - which fairly balance the burden of wrap contracts between businesses and consumers.
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Critical Studies in Private Law

Assmann, Heinz-Dieter - Brüggemeier, Gert - Hart, Dieter - Joerges, Christian,
Wirtschaftsrechtals Kritikdes Privatrechts. Königstein/Ts. 1980. Atiyah, P.S., The
Rise and Fall of Freedom of Contract. Oxford 1979. - " - Freedom of Contract and
the ...

Author: T. Wilhelmsson

Publisher: Springer Science & Business Media

ISBN: 9789401580281

Category: Philosophy

Page: 258

View: 944

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Critical Studies in Private Law discusses the prerequisites and possibilities for an alternative or critical legal dogmatics. The starting point of the analysis is the recognition of contradictions within the legal order. In this respect the theory may use the experience of both American Critical Legal Studies and the German attempts to formulate a legal theory for the social state. The key for understanding how the contradictory concrete legal material may produce varying results on the level of legal decisions is the systematization, the general principles of the law. The analysis does not, however, stop at this theoretical level. The methodology is tested through a discussion of some features of modern private law. Some key elements of contract law, including consumer law, of the Welfare State are singled out. The work focuses on the person-orientation of modern law as a challenge to the traditional abstract legal form. The aim is to explore the limits for a contract law radically oriented towards the personal social and economic needs of the parties. This endeavour involves the creation of new legal concepts such as social force majeure.
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A Probable State

WHAT MAISIE PROMISED Realism, Liberalism, and the Ends of Contract In Its
Barest Outline, the celebrated I864 case Raffles v. Wichelhaus ... See Atiyah, The
Rise and Fall of Freedom of Contract (Oxford: Oxford University Press, 1979).

Author: Irene Tucker

Publisher: University of Chicago Press

ISBN: 0226815331

Category: Literary Criticism

Page: 311

View: 827

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Why has the realist novel been persistently understood as promoting liberalism? Can this tendency be reconciled with an equally familiar tendency to see the novel as a national form? In A Probable State, Irene Tucker builds a revisionary argument about liberalism and the realist novel by shifting the focus from the rise of both in the eighteenth century to their breakdown at the end of the nineteenth. Through a series of intricate and absorbing readings, Tucker relates the decline of realism and the eroding logic of liberalism to the question of Jewish characters and writers and to shifting ideas of community and nation. Whereas previous critics have explored the relationship between liberalism and the novel by studying the novel's liberal characters, Tucker argues that the liberal subject is represented not merely within the novel, but in the experience of the novel's form as well. With special attention to George Eliot, Henry James, Oliver Wendell Holmes, and S. Y. Abramovitch, Tucker shows how we can understand liberalism and the novel as modes of recognizing and negotiating with history.
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The Classic Social Contractarians

The Rise and Fall of Freedom of Contract. Corrected ed. Oxford: Clarendon Press
. Auchmuty, R. 2005.“The Rhetoric of Equality and the Problem of Heterosexuality
”, in Feminist Perspectiveson Contract Law. Mulcahy,L.and Wheeler,S. eds ...

Author: Dr Janice Richardson

Publisher: Ashgate Publishing, Ltd.

ISBN: 9781409496786

Category: Law

Page: 174

View: 915

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How can we live together without subordination and oppression? What does it mean to treat each other as free and equal persons? This book uses contemporary feminist insights to examine aspects of the classic social contractarians' arguments, focusing specifically upon the work of Hobbes, Spinoza, Locke, Rousseau and Kant. Considering the relationship between the 'self' and the law, this volume also looks at the points at issue between feminist political theorists and considers the usefulness of contractarian arguments for feminist politics today, together with an examination of the relationship between their political, legal and moral analyses.
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Legal Theory and Legal History

Professor Treitel's treatise on contract law first appeared in 1962; as these things
go it is a relatively new arrival. ... 709 pp ISBN 0-19-876068–X (£15.oo), P. S.
Atiyah, The Rise and Fall of Freedom of Contract Clarendon Press, Oxford, 1979.

Author: Alfred William Brian Simpson

Publisher: A&C Black

ISBN: 0907628834

Category: Law

Page: 432

View: 813

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Essays in the History of Canadian Law

A. Lewis, P. Brand, and P. Mitchell (Dublin: Four Courts, 2007), 305,- J. Wightman
, Contract: A Critical Commentary (London: Pluto, 1996),- RS. Atiyah, The Rise
and Fall of Freedom of Contract (Oxford: Clarendon, 1979); A.W.B. Simpson, ...

Author: George Blaine Baker

Publisher: University of Toronto Press

ISBN: 9781442670068

Category: History

Page: 608

View: 634

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The essays in this volume deal with the legal history of the Province of Quebec, Upper and Lower Canada, and the Province of Canada between the British conquest of 1759 and confederation of the British North America colonies in 1867. The backbone of the modern Canadian provinces of Ontario and Quebec, this geographic area was unified politically for more than half of the period under consideration. As such, four of the papers are set in the geographic cradle of modern Quebec, four treat nineteenth-century Ontario, and the remaining four deal with the St. Lawrence and Great Lakes watershed as a whole. The authors come from disciplines as diverse as history, socio-legal studies, women’s studies, and law. The majority make substantial use of second-language sources in their essays, which shade into intellectual history, social and family history, regulatory history, and political history.
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