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Liberalizing Contracts - Nineteenth Century Promises Through Literature, Law and History (Paperback)
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Liberalizing Contracts - Nineteenth Century Promises Through Literature, Law and History (Paperback)
Series: Discourses of Law
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In Liberalizing Contracts Anat Rosenberg examines
nineteenth-century liberal thought in England, as developed
through, and as it developed, the concept of contract, understood
as the formal legal category of binding agreement, and the
relations and human practices at which it gestured, most basically
that of promise, most broadly the capitalist market order. She does
so by placing canonical realist novels in conversation with
legal-historical knowledge about Victorian contracts. Rosenberg
argues that current understandings of the liberal effort in
contracts need reconstructing from both ends of Henry Maine's famed
aphorism, which described a historical progress "from status to
contract." On the side of contract, historical accounts of its
liberal content have been oscillating between atomism and
social-collective approaches, missing out on forms of relationality
in Victorian liberal conceptualizations of contracts which the book
establishes in their complexity, richness, and wavering appeal. On
the side of status, the expectation of a move "from status" has led
to a split along the liberal/radical fault line among those
assessing liberalism's historical commitment to promote mobility
and equality. The split misses out on the possibility that
liberalism functioned as a historical reinterpretation of statuses
- particularly gender and class - rather than either an effort of
their elimination or preservation. As Rosenberg shows, that
reinterpretation effectively secured, yet also altered, gender and
class hierarchies. There is no teleology to such an account.
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