From Status to Contract

From Status to Contract PDF Author: George Feaver
Publisher:
ISBN:
Category : Biography & Autobiography
Languages : en
Pages : 398

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Book Description

From Status to Contract

From Status to Contract PDF Author: George Feaver
Publisher:
ISBN:
Category : Biography & Autobiography
Languages : en
Pages : 398

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Book Description


What We Owe Each Other

What We Owe Each Other PDF Author: Minouche Shafik
Publisher: Princeton University Press
ISBN: 069120764X
Category : Business & Economics
Languages : en
Pages : 256

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Book Description
From one of the leading policy experts of our time, an urgent rethinking of how we can better support each other to thrive Whether we realize it or not, all of us participate in the social contract every day through mutual obligations among our family, community, place of work, and fellow citizens. Caring for others, paying taxes, and benefiting from public services define the social contract that supports and binds us together as a society. Today, however, our social contract has been broken by changing gender roles, technology, new models of work, aging, and the perils of climate change. Minouche Shafik takes us through stages of life we all experience—raising children, getting educated, falling ill, working, growing old—and shows how a reordering of our societies is possible. Drawing on evidence and examples from around the world, she shows how every country can provide citizens with the basics to have a decent life and be able to contribute to society. But we owe each other more than this. A more generous and inclusive society would also share more risks collectively and ask everyone to contribute for as long as they can so that everyone can fulfill their potential. What We Owe Each Other identifies the key elements of a better social contract that recognizes our interdependencies, supports and invests more in each other, and expects more of individuals in return. Powerful, hopeful, and thought-provoking, What We Owe Each Other provides practical solutions to current challenges and demonstrates how we can build a better society—together.

From Bondage to Contract

From Bondage to Contract PDF Author: Amy Dru Stanley
Publisher: Cambridge University Press
ISBN: 9780521635264
Category : History
Languages : en
Pages : 300

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Book Description
In the era of slave emancipation no ideal of freedom had greater power than that of contract. The antislavery claim was that the negation of chattel status lay in the contracts of wage labor and marriage. Signifying self-ownership, volition, and reciprocal exchange among formally equal individuals, contract became the dominant metaphor for social relations and the very symbol of freedom. This 1999 book explores how a generation of American thinkers and reformers - abolitionists, former slaves, feminists, labor advocates, jurists, moralists, and social scientists - drew on contract to condemn the evils of chattel slavery as well as to measure the virtues of free society. Their arguments over the meaning of slavery and freedom were grounded in changing circumstances of labor and home life on both sides of the Mason-Dixon line. At the heart of these arguments lay the problem of defining which realms of self and social existence could be rendered market commodities and which could not.

Ancient Law

Ancient Law PDF Author: Henry Sumner Maine
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 462

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Book Description
In his preface, Maine defines his scope: "...the chief object of the following pages is to indicate some of the earliest ideas of mankind, as they are reflected in Ancient Law, & to point out the relation of these ideas to modern thought."

Liberty of Contract

Liberty of Contract PDF Author: David N. Mayer
Publisher: Cato Institute
ISBN: 1935308408
Category : Law
Languages : en
Pages : 202

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Book Description
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.

Commercial Contract Law

Commercial Contract Law PDF Author: Larry A. DiMatteo
Publisher: Cambridge University Press
ISBN: 1107028086
Category : Law
Languages : en
Pages : 623

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Book Description
Part I. The Role of Consent: 1. Transatlantic perspectives: fundamental themes and debates Larry A. DiMatteo, Qi Zhou and Séverine Saintier 2. Competing theories of contract: an emerging consensus? Martin A. Hogg 3. Contracts, courts and the construction of consent Tom W. Joo 4. Are mortgage contracts promises? Curtis Bridgeman Part II. Normative Views of Contract: 5. Naturalistic contract Peter A. Alces 6. Contract in a networked world Roger Brownsword 7. Contract, transactions, and equity T.T. Arvind Part III. Contract Design and Good Faith: 8. Reasonability in contract design Nancy S. Kim 9. Managing change in uncertain times: relational view of good faith Zoe Ollerenshaw Part IV. Implied Terms and Interpretation: 10. Implied terms in English contract law Richard Austen-Baker 11. Contract interpretation: judicial rule, not party choice Juliet Kostritsky Part V. Policing Contracting Behavior: 12. The paradox of the French method of calculating the compensation of commercial agents and the importance of conceptualising the remedial scheme under Directive 86/653 Séverine Saintier 13. Unconscionability in American contract law Chuck Knapp 14. Unfair terms in comparative perspective: software contracts Jean Braucher 15. (D)CFR initiative and consumer unfair terms Mel Kenny Part VI. Misrepresentation, Breach and Remedies: 16. Remedies for misrepresentation: an integrated system David Capper 17. Re-examining damages for fraudulent misrepresentation James Devenney 18. Remedies for documentary breaches: English law and the CISG Djakhongir Saidov Part VII. Harmonizing Contract Law: 19. Harmonisation European contract law: default and mandatory rules Qi Zhou 20. Harmonization and its discontents: a critique of the transaction cost argument for a European contract law David Campbell and Roger Halson 21. Europeanisation of contract law and the proposed common European sales law Hector MacQueen 22. Harmonization of international sales law Larry A. DiMatteo.

Model Rules of Professional Conduct

Model Rules of Professional Conduct PDF Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216

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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Law/Society

Law/Society PDF Author: John Sutton
Publisher: Pine Forge Press
ISBN: 9780761987055
Category : Family & Relationships
Languages : en
Pages : 324

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Book Description
A core text for the Law and Society or Sociology of Law course offered in Sociology, Criminal Justice, Political Science, and Schools of Law. * John Sutton offers an explicitly analytical perspective to the subject - how does law change? What makes law more or less effective in solving social problems? What do lawyers do? * Chapter 1 contrasts normative and sociological perspectives on law, and presents a brief primer on the logic of research and inference as it is applied to law related issues. * Theories of legal change are discussed within a common conceptual framework that highlights the explantory strengths and weaknesses of different arguments. * Discussions of "law in action" are explicitly comparative, applying a consistent model to explain the variable outcomes of civil rights legislation. * Many concrete, in-depth examples throughout the chapters.

The Contract and Domination

The Contract and Domination PDF Author: Carole Pateman
Publisher: John Wiley & Sons
ISBN: 0745636217
Category : Philosophy
Languages : en
Pages : 520

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Book Description
Contract and Domination offers a bold challenge to contemporary contract theory, arguing that it should either be fundamentally rethought or abandoned altogether. Since the publication of John Rawls's A Theory of Justice, contract theory has once again become central to the Western political tradition. But gender justice is neglected and racial justice almost completely ignored. Carole Pateman and Charles Mills's earlier books, The Sexual Contract (1988) and The Racial Contract (1997), offered devastating critiques of gender and racial domination and the contemporary contract tradition's silence on them. Both books have become classics of revisionist radical democratic political theory. Now Pateman and Mills are collaborating for the first time in an interdisciplinary volume, drawing on their insights from political science and philosophy. They are building on but going beyond their earlier work to bring the sexual and racial contracts together. In Contract and Domination, Pateman and Mills discuss their differences about contract theory and whether it has a useful future, excavate the (white) settler contract that created new civil societies in North America and Australia, argue via a non-ideal contract for reparations to black Americans, confront the evasions of contemporary contract theorists, explore the intersections of gender and race and the global sexual-racial contract, and reply to their critics. This iconoclastic book throws the gauntlet down to mainstream white male contract theory. It is vital reading for anyone with an interest in political theory and political philosophy, and the systems of male and racial domination.

The Fall and Rise of Freedom of Contract

The Fall and Rise of Freedom of Contract PDF Author: F. H. Buckley
Publisher: Duke University Press
ISBN: 0822380129
Category : Law
Languages : en
Pages : 479

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Book 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