Description
Book SynopsisSuitable for legal scholars and specialists in contract law, this book includes essays that consider how free bargaining rights might reasonably be extended in tort, property, land-use planning, bankruptcy, and divorce and family law.
Trade Review“A compendium of original scholarship about the continuing vitality of our legal and political regime based on contract. This is an important book.”—Fred S. McChesney, Northwestern University School of Law
“An interesting and impressive collection of essays that pulls together important research and arguments by an unusually impressive lineup of contributors. This a major piece of work.” —Paul H. Haagen, Duke University School of Law
“One of the most notable trends in recent legal scholarship is the reinvigoration of the contract paradigm, and these original papers by some of the most distinguished North American law-and-economics scholars make a strong case for the virtues of contractarianism across a wide spectrum of legal specialties, including contract law, tort law, family law, bankruptcy, and private international law. The commentaries develop nuanced concepts, such as efficiency-enhancing limitations on contractual freedom. This important, impressive, and timely collection, accessible to a wide audience, should become the standard reference on free bargaining and contractarianism.”—Thomas S. Ulen, University of Illinois College of Law
“These brilliant essays show that the ethic of respect for the uniqueness of individuals can influence and justify a return to bargaining freedom in a surprising variety of legal areas.”—James W. Bowers, Louisiana State University Law Center
Table of ContentsPreface
Introduction
I. Free Bargaining and Formalism Contracts Small and Large: Contract Law through the Lens of Laissez-Faire / Richard A. Epstein
The Decline of Formality in Contract Law / Eric A. Posner
External Critiques of Laissez-Faire Contract Values / Michael Trebilcock
In Defense of the Old Order / Timothy J. Muris
The Limits of Freedom of Contract in the Age of Laissez-Faire Constitutionalism / Gregory S. Alexander
II. Bargaining around Tort Law Courts and the Tort-Contract Boundary in Product Liability / Paul H. Rubin
Commodifying Liability / Robert Cooter
III. Contracting for Land Use Law Zoning by Private Contract / Robert H. Nelson
Dealing with the NIMBY Problem / William A. Fischel
Devolutionary Proposals and Contractarian Principles / Steven J. Eagle
The (Limited) Ability of Urban Neighbors to Contract for the Provision of Local Public Goods / Robert C. Ellickson
IV. Free Bargaining in Family Law A Contract Theory of Marriage / Elizabeth S. Scott and Robert E. Scott
Marriage as a Signal / Michael J. Trebilcock
Family Law and Social Norms / Eric A. Posner
Contracting around No-Fault Divorce / Margaret F. Brinig
V. Bargaining Around Bankruptcy Reorganization Law Contracting for Bankruptcy Systems / Alan Schwartz
Free Contracting in Bankruptcy / F.H. Buckley
Free Contracting in Bankruptcy at Home and Abroad / Robert K. Rasmussen
VI. Choosing Law by Contract Contract and Jurisdictional Freedom / Bruce H. Kobayashi and Larry E. Ribstein
A Comment on Contract and Jurisdictional Competition / Michael Klausner
Choice of Law as a Precommitment Device / Geoffrey P. Miller
Corporate Law as the Paradigm for Contractual Choice of Law / Robert Romano
Notes
Contributors
Index
