Patrick Atiyah is one of the most important legal scholars of his generation in the common-law world. His publications cover a wide field: legal theory, legal history, the study of legal institutions, the law of tort (especially compensation for personal injuries) and, most famously perhaps, the law of contract. It is no exaggeration to say that by his work, Atiyah has opened up new ways of thinking about the law of obligations. This volume of essays, written by colleagues, friends, and admirers of Patrick Atiyah from the UK and abroad, reflects the breadth of his interests. As well as discussions of particular aspects of the law of contract and tort, it contains essays on the history and theory of contract and tort and on the role of judges and law teachers. There is also an assessment of the `law in context' movement of which Patrick Atiyah was a founder member and leading practitioner.
Contributors: William Twining, Tony Honoré, Jan Hellner, Robert S. Summers, John Bell, Paul D. Carrington, Robert Stevens, A. W. B. Simpson, Roy Goode, S. M. Waddams, Jane Stapleton, Donald Harris, John Dwyer, John Fleming, and Peter Cane.
This is a revised edition of the paperback Essays on Contract, which was published by OUP in 1988. With the addition of a previously unpublished chapter, this chapter is an up-to-date and comprehensive account of the views on the law and theory of contract. The new essay, ‘Freedom of Contract and the New Right’, charts the latest shift in the development of contract law, this time back in the direction of Freedom of Contract. This shift, the author argues, can be traced directly to the growing strength of the ‘New Right’ and its advocacy of political and economic freedom.
Keywords: contract law, New Right, political freedom, economic freedom, contract
|Print publication date: 1990||Print ISBN-13: 9780198254447|
|Published to Oxford Scholarship Online: March 2012||DOI:10.1093/acprof:oso/9780198254447.001.0001|