Search results
Results from the WOW.Com Content Network
Freedom of contract is the principle according to which individuals and groups may form contracts without government restrictions. This is opposed to government regulations such as minimum-wage laws , competition laws , economic sanctions , restrictions on price fixing , or restrictions on contracting with undocumented workers .
The Rise and Fall of Freedom of Contract (1979) is a legal-historical text on the changes in the concept of freedom of contract by English Professor Patrick Atiyah. It was published by the Oxford University Press, and a paperback edition was released in 1985.
Philip Pettit (b. 1945) has argued, in Republicanism: A Theory of Freedom and Government (1997), that the theory of social contract, classically based on the consent of the governed, should be modified. Instead of arguing for explicit consent, which can always be manufactured, Pettit argues that the absence of an effective rebellion against it ...
Contractualism is a term in philosophy which refers either to a family of political theories in the social contract tradition (when used in this sense, the term is an umbrella term for all social contract theories that include contractarianism), [1] or to the ethical theory developed in recent years by T. M. Scanlon, especially in his book What We Owe to Each Other (published 1998).
The defining characteristics of libertarian legal theory are its insistence that the amount of governmental intervention should be kept to a minimum and the primary functions of law should be enforcement of contracts and social order, though social order is often seen as a desirable side effect of a free market rather than a philosophical ...
This is one of the earliest formulations of the theory of government known as the social contract. Hobbes objected to the attempt to derive rights from "natural law", arguing that law ("lex") and right ("jus") though often confused, signify opposites, with law referring to obligations, while rights refer to the absence of obligations.
Thus, Taylor clarifies that there are two competing theories. One aims to define freedom exclusively in terms of the independence of the individual from interference by others, be these governments, corporations, or private persons; this theory is challenged by those who believe that freedom resides at least in part in collective control over ...
The Social Contract, originally published as On the Social Contract; or, Principles of Political Right (French: Du contrat social; ou, Principes du droit politique), is a 1762 French-language book by the Genevan philosopher Jean-Jacques Rousseau.