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Liberalizing Contracts: Nineteenth Century Promises Through Literature, Law and History: Discourses of Law

Autor Anat Rosenberg
en Limba Engleză Hardback – 28 iul 2017
In Liberalizing Contracts Anat Rosenberg examines nineteenth-century liberal thought in England, as developed through, and as it developed, the concept of contract, understood as the formal legal category of binding agreement, and the relations and human practices at which it gestured, most basically that of promise, most broadly the capitalist market order. She does so by placing canonical realist novels in conversation with legal-historical knowledge about Victorian contracts. Rosenberg argues that current understandings of the liberal effort in contracts need reconstructing from both ends of Henry Maine's famed aphorism, which described a historical progress "from status to contract." On the side of contract, historical accounts of its liberal content have been oscillating between atomism and social-collective approaches, missing out on forms of relationality in Victorian liberal conceptualizations of contracts which the book establishes in their complexity, richness, and wavering appeal. On the side of status, the expectation of a move "from status" has led to a split along the liberal/radical fault line among those assessing liberalism's historical commitment to promote mobility and equality. The split misses out on the possibility that liberalism functioned as a historical reinterpretation of statuses – particularly gender and class – rather than either an effort of their elimination or preservation. As Rosenberg shows, that reinterpretation effectively secured, yet also altered, gender and class hierarchies. There is no teleology to such an account.
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Specificații

ISBN-13: 9781138923706
ISBN-10: 1138923702
Pagini: 274
Dimensiuni: 156 x 234 x 21 mm
Greutate: 0.5 kg
Ediția:1
Editura: Taylor & Francis
Colecția Routledge
Seria Discourses of Law

Locul publicării:Oxford, United Kingdom

Public țintă

Postgraduate and Undergraduate

Cuprins

Introduction; 1. Contract’s Liberalism in Contracts Histories; Part I: From StatusForeword to Part I; 2.Credit and the Market:Vanity FairandThe Way We Live Now; 3.Contract and Abstraction(?): Agency inRuthandBleak House; 4.Contract and Freedom(?): Constrained Existence inMiddlemarchandThe Mayor of Casterbridge; Part II: With Status Foreword to Part II; 5. Status-to-Contract Reassessed: The Victorian Promise of Marriage; 6. Liberal Anguish:Wuthering Heightsand the Structures of Liberal Thought; Epilogue: History is Always in the Future

Descriere

Contract reached its highpoint as a conceptual tool in the Victorian era. As Victorians negotiated the balances of the sense of constraints and potential in this era of change, contracts assumed center-stage. Reading representations of promissory relations in canonic fiction against histories of contract law, this book reframes views of contract.