The Fall and Rise of Freedom of Contract

The Fall and Rise of Freedom of Contract

By: F. H. Buckley (editor)Hardback

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Description

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

About 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.

Contents

Preface Introduction I. Free Bargaining and Formalism Contracts Small and Large: Contract Law through the Lens of Laissez-Faire / Richard A. Epstein The Decline of Formality in Contract Law / Eric A. Posner External Critiques of Laissez-Faire Contract Values / Michael Trebilcock In Defense of the Old Order / Timothy J. Muris The Limits of Freedom of Contract in the Age of Laissez-Faire Constitutionalism / Gregory S. Alexander II. Bargaining around Tort Law Courts and the Tort-Contract Boundary in Product Liability / Paul H. Rubin Commodifying Liability / Robert Cooter III. Contracting for Land Use Law Zoning by Private Contract / Robert H. Nelson Dealing with the NIMBY Problem / William A. Fischel Devolutionary Proposals and Contractarian Principles / Steven J. Eagle The (Limited) Ability of Urban Neighbors to Contract for the Provision of Local Public Goods / Robert C. Ellickson IV. Free Bargaining in Family Law A Contract Theory of Marriage / Elizabeth S. Scott and Robert E. Scott Marriage as a Signal / Michael J. Trebilcock Family Law and Social Norms / Eric A. Posner Contracting around No-Fault Divorce / Margaret F. Brinig V. Bargaining Around Bankruptcy Reorganization Law Contracting for Bankruptcy Systems / Alan Schwartz Free Contracting in Bankruptcy / F.H. Buckley Free Contracting in Bankruptcy at Home and Abroad / Robert K. Rasmussen VI. Choosing Law by Contract Contract and Jurisdictional Freedom / Bruce H. Kobayashi and Larry E. Ribstein A Comment on Contract and Jurisdictional Competition / Michael Klausner Choice of Law as a Precommitment Device / Geoffrey P. Miller Corporate Law as the Paradigm for Contractual Choice of Law / Robert Romano Notes Contributors Index

Product Details

  • ISBN13: 9780822323334
  • Format: Hardback
  • Number Of Pages: 480
  • ID: 9780822323334
  • ISBN10: 0822323338

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