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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 .
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 ...
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.
[4] During the Age of Enlightenment, the concept of natural laws was used to challenge the divine right of kings, and became an alternative justification for the establishment of a social contract, positive law, and government – and thus legal rights – in the form of classical republicanism. Conversely, the concept of natural rights is used ...
Edward P. Stringham, Anarchy and the Law: The Political Economy of Choice; George H. Smith, "Justice Entrepreneurship in a Free Market" Gerard Casey, Libertarian Anarchy: Against the State; Hans-Hermann Hoppe, Anarcho-Capitalism: An Annotated Bibliography. A Theory of Socialism and Capitalism; Democracy: The God That Failed
The right of freedom of contract, which specifies that a rightholder's consent is both necessary (freedom from contract) and sufficient (freedom to contract) to transfer alienable property rights. The right of restitution, which requires that one who violates the rights of others must compensate the victim. The right of self-defense.
The doctrine of freedom of contract received one of its strongest expressions in the US Supreme Court case of Lochner v. New York which struck down legal restrictions on the working hours of bakers. [20] Critics of the classical view of freedom of contract argue that this freedom is illusory when the bargaining power of the parties is highly ...
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.