The Legal Background in 1770

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 Legal Background in 1770

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This chapter provides additional legal background related to the idea of freedom of contract in England in 1770. During this period, the parliament's principal function was not conceived as that of making law, and even when parliament did try to try to use its legislative powers to stamp out some social evil it was extraordinarily incompetent. Legislation was usually accomplished by means of a temporary or local Act. This chapter discusses the stability, orderliness, and predictability of the new legal order that emerged after 1688. It also explains the role of the courts in protecting property rights and in enforcing contracts.

Keywords: freedom of contract; legal condition; England; parliament; law-making; legal order; courts; property rights

Chapter.  24192 words. 

Subjects: Civil Law

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