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
General
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