The Limits of Freedom of Contract
By (author) Michael J. Trebilcock
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Limits of Freedom of Contract by Michael J. Trebilcock
Book DescriptionOur Legal System is committed to the idea that private markets and the law of contracts that supports them are the primary institutions for allocating goods and services in a modern economy. Yet the market paradigm, Michael Trebilcock argues, leaves substantial room for challenge. For example, should people be permitted to buy and sell blood, bodily organs, surrogate babies, pornography, or sexual favors? Is it fair to allow people with limited knowledge about a transaction and its consequences to enter into it without guidance from experts? Finally, do people always know their own preferences, many of which may be socially conditioned? These are only a few of the issues Trebilcock explores in this sweeping analysis of the private ordering model of contract law and the major theoretical camps critiquing it, including the communication and the feminist. He examines the implication that the private ordering paradigm simultaneously promotes autonomy and welfare values, and argues that in many contexts the convergence of these values is much more contestable than its proponents claim. The book treats all the conflicting perspectives with care, acknowledging both their strengths and their weaknesses, and using them to illuminate many specific dilemmas. Trebilcock also pays close attention to how various theories may be translated into practice, revealing that ideas which appear to oppose each other at an abstract level are in fact similar when implemented at the institutional level. In conclusion, Trebilcock argues that we need to be more alert to the possibility of adopting public policies that broaden access to market opportunities for the disadvantaged. Economists, lawyers, politicalscientists, philosophers, and policy analysts will all benefit from reading this brilliant synthesis and reinterpretation of contract law.
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Book DetailsISBN: 9780674534308
(235mm x 155mm x 22mm)
Imprint: Harvard University Press
Publisher: Harvard University Press
Publish Date: 6-Mar-1997
Country of Publication: United States
Books By Author Michael J. Trebilcock
Design of Competition Law Institutions, Hardback (December 2012)
Using case studies to investigate the design of competition law systems, this is the first major analysis of the extent to which each national, regional, or international system fulfils global norms including due process rights for litigants, reasonable expedition in adjudication, and knowledgeable decision-making.
Rethinking the Welfare State, Hardback (April 2005)
This book offers a comprehensive and comparative analysis of social welfare policy and explores the effectiveness of the voucher system in an international context.
Trade and Transitions, Hardback (October 1990)» View all books by Michael J. Trebilcock
Based on a comparative study of eight leading industrial powers this book argues that 'new protectionism' is economically inefficient and countries should try to develop the policies which are least harmful to their trading partners.
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Author Biography - Michael J. Trebilcock
Michael J. Trebilcock is Professor of Law and Director of the Law and Economics Program at the University of Toronto.
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