Contract : Freedom and Restraint by Richard A. Epstein PDF

By Richard A. Epstein

ISBN-10: 081533558X

ISBN-13: 9780815335580

First released in 2000. Routledge is an imprint of Taylor & Francis, an informa corporation.

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But while this objection has become familiar, it has not been very effectivc. Thc force of thc old idcas, embodied in thc traditional language, has not always bcen overcome cven by thosc who like Langdell and Salmond profess to recognizc thc factional e1ement in the will theory. Another line of objection can be found in the incompatibility of the classical theory with the consequences that the law attaches to an offer. Suppose that I offer to buy certain goods from A at a mprn nolr. (lI:Jr. C"IITS op.

FCq. , Rllt:TORIC I, 15, § ARISTOTLE, 44, C. 22; ETines cl. N. I'<:ItJM 2 VINOGRADOFF, HISTORICAl. JURISPRunENCK (1922) C. ; nEAUCIIKT, lhsTOIRF. DU DROIT PRIVE DE LA REPUBLIQUE ATlIENIENNE (1897) 19 Tm: 21 TACITUS, GERMANIA C. 24; GROTlUS, ed. 1926) bk. III, § "t seq. D AND HAFTUNG (1910) 168. 22 Brunner, bare" Form, BRISSAUD, Der Sc11111d'Vertrag Rcdar/te in I dlll'r Res/illln/ten lIorbarcn lind Sieht- (7th cd. 1915) 137; 15, § 362, nt 451; 2 POLLOCK AND MAITLAND, op. cit. OI'EDlA op. cit. supra note 22 TIlE BASIS OF CONTRACT 575 More substantial is the case for the canon law, which undoubtedly went further than any other system to enforce bare promises.

Also the great captains of industry are everywhere trying to eliminate free competition. And those who talk about " keeping the government out of business" are the last to desire that the government shall not help or protect, by proper rules, the business in which they are involved. The differences that divide men in this respect concern the questions of what interests should be protected aod who should control the government. D. C01,tractualism and Religion The laws of any people, as a rule, receive not only their sanction but also a good deal of their direction from their religion.

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Contract : Freedom and Restraint by Richard A. Epstein


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