Calculating Promises

Author: Roy Kreitner
Publisher: Stanford University Press
ISBN: 9780804768054
Format: PDF, ePub, Docs
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This book is a history of American contract law around the turn of the twentieth century. It meticulously details shifts in our conception of contract by juxtaposing scholarly accounts of contract with case law, and shows how the cases exhibit conflicts for which scholarship offers just one of many possible answers. Breaking with conventional wisdom, the author argues that our current understanding of contract is not the outgrowth of gradual refinements of a centuries-old idea. Rather, contract as we now know it was shaped by a revolution in private law undertaken toward the end of the nineteenth century, when legal scholars established calculating promisors as the centerpiece of their notion of contract. The author maintains that the revolution in contract thinking is best understood in a frame of reference wider than the rules governing the formation and enforcement of contracts. That frame of reference is a cultural negotiation over the nature of the individual subject and the role of the individual in a society undergoing transformation. Areas of central concern include the enforceability of promises to make gifts; the relationship of contracts to speculation and gambling; and the problem of incomplete contracts.

Liberalizing Contracts

Author: Anat Rosenberg
Publisher: Routledge
ISBN: 1317410491
Format: PDF, ePub
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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.?

Speech and Silence in American Law

Author: Austin Sarat
Publisher: Cambridge University Press
ISBN: 1139487736
Format: PDF, Docs
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Rather than abstract philosophical discussion or yet another analysis of legal doctrine, Speech and Silence in American Law seeks to situate speech and silence, locating them in particular circumstances and contexts and asking how context matters in facilitating speech or demanding silence. To understand speech and silence we have to inquire into their social life and examine the occasions and practices that call them forth and that give them meaning. Among the questions addressed in this book are: who is authorized to speak? And what are the conditions that should be attached to the speaking subject? Are there occasions that call for speech and others that demand silence? What is the relationship between the speech act and the speaker? Taking these questions into account helps readers understand what compels speakers and what problems accompany speech without a known speaker, allowing us to assess how silence speaks and how speech renders the silent more knowable.

The Oxford Encyclopedia of American Political and Legal History

Author: Donald T. Critchlow
Publisher: Oxford University Press
ISBN: 0199754616
Format: PDF, ePub, Mobi
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The Oxford Encyclopedia of American Political and Legal History brings together an unparalleled wealth of information about the laws, institutions, and actors that have governed America throughout its history. Entries key political figures, important legislation and governmental institutions, broad political trends relating to elections, voting behavior, and party development, as well as key court cases, legal theories, constitutional interpretations, Supreme Court justices, and other major legal figures. Emphasizing the interconnectedness of politics and law, the more than 430 expertly written entries in the Encyclopedia provide an invaluable and in-depth overview of the development of America's political and legal frameworks.

The Oxford Handbook of Legal History

Author: Markus D. Dubber
Publisher: Oxford University Press
ISBN: 0192513133
Format: PDF, Mobi
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Some of the most exciting and innovative legal scholarship has been driven by historical curiosity. Legal history today comes in a fascinating array of shapes and sizes, from microhistory to global intellectual history. Legal history has expanded beyond traditional parochial boundaries to become increasingly international and comparative in scope and orientation. Drawing on scholarship from around the world, and representing a variety of methodological approaches, areas of expertise, and research agendas, this timely compendium takes stock of legal history and methodology and reflects on the various modes of the historical analysis of law, past, present, and future. Part I explores the relationship between legal history and other disciplinary perspectives including economic, philosophical, comparative, literary, and rhetorical analysis of law. Part II considers various approaches to legal history, including legal history as doctrinal, intellectual, or social history. Part III focuses on the interrelation between legal history and jurisprudence by investigating the role and conception of historical inquiry in various models, schools, and movements of legal thought. Part IV traces the place and pursuit of historical analysis in various legal systems and traditions across time, cultures, and space. Finally, Part V narrows the Handbooks focus to explore several examples of legal history in action, including its use in various legal doctrinal contexts.

Philosophical Foundations of Fiduciary Law

Author: Andrew S. Gold
Publisher: OUP Oxford
ISBN: 0191005290
Format: PDF, ePub, Mobi
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Fiduciary law is a critically important body of law. Fiduciary duties ensure the integrity of a remarkable variety of relationships, institutions, and organizations. They apply to relationships of great personal significance, including in some jurisdictions the relationship between parents and children. They structure a wide variety of commercial relationships, and they are essential to the regulation of relationships between professional service providers and their clients, including relationships between lawyer and client, doctor and patient, and investment manager and client. Fiduciary duties, perhaps uniquely in private law, challenge traditional ways of marking the boundaries between private and public law, inasmuch as they figure prominently in public governance. Indeed, there is even a storied tradition of thinking of the authority of the state in fiduciary terms. Notwithstanding its importance, fiduciary law has been woefully under-analysed by legal theorists. Filling this gap with a series of chapters by leading theorists, this book includes chapters on: the nature of fiduciary relationships, the connection between fiduciary duties and morality, the content and significance of fiduciary loyalty, the economic significance of fiduciary law, the application of fiduciary principles to public law and international law, the import of fiduciary relationships to theories of authority, and various other fundamental topics in the field. In many cases, new and important questions are raised by the book's chapters. Indeed, this book not only offers a much-needed theoretical assessment of fiduciary topics, it defines the field going forward, setting an agenda for future philosophical study of fiduciary law.

Derivatives in Islamic Finance

Author: Sherif Ayoub
Publisher: Edinburgh University Press
ISBN: 0748695729
Format: PDF, Kindle
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Shedding light on the way the Islamic finance industry conceptualises the role of financial instruments in a market risk management framework that adheres to the objectives of Islamic jurisprudence, Sherif Ayoub explains the issues surrounding the avoidan

The Humboldt Current

Author: Aaron Sachs
Publisher: Penguin
ISBN: 1101201614
Format: PDF, ePub, Docs
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A masterly and beautifully written account of the impact of Alexander von Humboldt on nineteenth-century American history and culture The naturalist and explorer Alexander von Humboldt (1769?1859) achieved unparalleled fame in his own time. Today, however, he and his enormous legacy to American thought are virtually unknown. In The Humboldt Current, Aaron Sachs traces Humboldt?s pervasive influence on American history through examining the work of four explorers?J. N. Reynolds, Clarence King, George Wallace, and John Muir?who embraced Humboldt?s idea of a ?chain of connection? uniting all peoples and all environments. A skillful blend of narrative and interpretation that also discusses Humboldt?s influence on Emerson, Whitman, Thoreau, Melville, and Poe, The Humboldt Current offers a colorful, passionate, and superbly written reinterpretation of nineteenth-century American history.

The Oxford Introductions to U S Law

Author: Randy E. Barnett
Publisher: Oxford University Press
ISBN: 0199996393
Format: PDF, ePub
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Written by a leading expert in the field, The Oxford Introductions to U.S. Law: Contracts provides students with ready access to the basic doctrines of contract law, the story behind their evolution, and the rationales for their continued existence. An engaging book that allows students to grasp the "big picture" of contract law, it is organized around the principle that lies at the heart of contracts: consent. Beginning with the premise of "consent," the book provides a cohesive framework in which to understand the various aspects of contract law.

Conceiving the Future

Author: Laura L. Lovett
Publisher: Univ of North Carolina Press
ISBN: 9780807868102
Format: PDF, Docs
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Through nostalgic idealizations of motherhood, family, and the home, influential leaders in early twentieth-century America constructed and legitimated a range of reforms that promoted human reproduction. Their pronatalism emerged from a modernist conviction that reproduction and population could be regulated. European countries sought to regulate or encourage reproduction through legislation; America, by contrast, fostered ideological and cultural ideas of pronatalism through what Laura Lovett calls "nostalgic modernism," which romanticized agrarianism and promoted scientific racism and eugenics. Lovett looks closely at the ideologies of five influential American figures: Mary Lease's maternalist agenda, Florence Sherbon's eugenic "fitter families" campaign, George Maxwell's "homecroft" movement of land reclamation and home building, Theodore Roosevelt's campaign for conservation and country life, and Edward Ross's sociological theory of race suicide and social control. Demonstrating the historical circumstances that linked agrarianism, racism, and pronatalism, Lovett shows how reproductive conformity was manufactured, how it was promoted, and why it was coercive. In addition to contributing to scholarship in American history, gender studies, rural studies, and environmental history, Lovett's study sheds light on the rhetoric of "family values" that has regained currency in recent years.