The Rise and Fall of Freedom of Contract

1979. Atiyah, P.S. The Rise and Fall of Freedom of Contract. Oxford: Clarendon Press, 1979. First edition. xi, 791 pp. Publisher's blue cloth hardcover with gilt stamped spine, stain to fore edge, else very good, in a lightly worn dust jacket. $125. * This book is an attempt to trace the history of one of the great intellectual movements of modern times. The major part of this book concentrates on England between 1770 and 1970, but the origins of freedom of contract are searched for in earlier centuries. Throughout the 19th century, freedom of contract was an ideology whose influence extended into politics, economics, and morality, as well as the law. While this book is written from the standpoint of a lawyer, a serious attempt is made to probe these additional dimensions, and in particular to study the inter-relations between them. It is suggested that, in the early 19th century, lawyers and judges were particularly receptive to influences from outside the law - especially political economy - but that by the middle of the century the lawyers had cut themselves off from these external influences. The book takes full account of the work in Parliament, as well as of the judges, and adds a contribution to recent historical research, suggesting that Parliament constantly departed from laissez-faire policies, particularly after 1830. Reviews: "A book of outstanding interest and of the very first importance....[It] is a major achievement of scholarship, a landmark in legal history and the study of the foundation of contractual obligations."--Juridical Review "The breadth and depth of Atiyah's interdisciplinary scholarship, the brilliant treatment of complex movements of thought, flashing with insights and suggestions for further research, all justify the highest praise."--British Journal of Law and Society "An essential reference work."--Victorian Studies Contents: The condition of England in 1770. The intellectual background in 1770-I. The intellectual background in 1770-II. The legal background in 1770. Contract law and theory in 1770-I. Contract law and theory in 1770-II. The condition of England, 1770-1870. The role of government, 1770-1870. The role of the individual, 1770-1870. The intellectual background, 1770-1870-I. The intellectual background, 1770-1870-II. The legal background, 1770-1870. Freedom of contract in the courts,