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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 ...
Kessler saw such contracts as mocking freedom of contract, making it "a one-sided privilege,” in which the historical evolution of the law from status to contract was reversed—a movement "greatly facilitated by the fact that the belief in freedom of contract has remained one of the firmest axioms in the whole fabric of the social philosophy ...
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.
A correct theory of contracts is the title-transfer theory which states that the only valid and enforceable contract is one that surrenders what is, in fact, philosophically alienable, and that only specific titles to property are so alienable. Therefore no one can surrender his own will, his body, other persons, or the rights of his posterity.
The First Treatise attacks patriarchalism in the form of sentence-by-sentence refutation of Robert Filmer's Patriarcha, while the Second Treatise outlines Locke's ideas for a more civilized society based on natural rights and contract theory. The book is a key foundational text in the theory of liberalism.
The Discovery of Freedom; End the Fed; The Ethics of Liberty; For a New Liberty; Free to Choose; The Future and Its Enemies; The God of the Machine; It Usually Begins with Ayn Rand; Liberty; The Machinery of Freedom; Man, Economy and State; The Moon is a Harsh Mistress; The Mainspring of Human Progress; The Market for Liberty; The Myth of the ...