The Intellectual Background in 1770–1

P. S. Atiyah

in The Rise and Fall of Freedom of Contract

Published in print November 1985 | ISBN: 9780198255277
Published online March 2012 | e-ISBN: 9780191681578 | DOI:
The Intellectual Background in 1770–1

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This chapter provides an intellectual background to the freedom of contract issue in England in 1770. It suggests that the modern law of contract and its underlying principles appear to have had no relationship to the ideas which underlay the concept of social contract. It discusses several issues relevant to social contract. These include the notion of a contract as the creation of a voluntary agreement, the impact of the Revolution settlement of 1688 on political theories, and the cohesiveness of the governing class.

Keywords: freedom of contract; intellectual condition; England; law of contract; social contract; voluntary agreement; Revolution settlement; political theories; governing class

Chapter.  12514 words. 

Subjects: Civil Law

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