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Examining the substantial changes that have occurred in families, family research, and family law over the last twenty years, this volume describes a paradigm shift in the legal and social regulation of the family from an emphasis on partners' relationships with each other to an emphasis on parents' ...

Examining the substantial changes that have occurred in families, family research, and family law over the last twenty years, this volume describes a paradigm shift in the legal and social regulation of the family from an emphasis on partners' relationships with each other to an emphasis on parents' relationships to their children. In this model, custody has replaced fault as the most important determination made at divorce, and marital status is supplanted by financial and emotional maturity as the indicia of responsible parenthood. The most significant remaining challenge, according to June Carbone, is the need to remake the relationship between adults in such a way that it makes fulfillment of their obligations to children possible. Carbone's broadly interdisciplinary approach, drawing on economics, law, philosophy, and feminism -- as well as references to popular culture, from Doonesbury to Grace Under Fire -- serves as an intellectual survey of family research and of the major theoretical approaches to the family. She evaluates historical, sociological, and psychological research to show how family change is part of a long-term response to changing industrial organization, and to assess the impact of changing family form on children.

Declared dead some twenty-five years ago, the idea of freedom of contract has enjoyed a remarkable intellectual revival. In The Fall and Rise of Freedom of Contract leading scholars in the fields of contract law and law-and-economics analyze the new interest in bargaining freedom.

The 1970s was a ...

Declared dead some twenty-five years ago, the idea of freedom of contract has enjoyed a remarkable intellectual revival. In The Fall and Rise of Freedom of Contract leading scholars in the fields of contract law and law-and-economics analyze the new interest in bargaining freedom.

The 1970s was a decade of regulatory triumphalism in North America, marked by a surge in consumer, securities, and environmental regulation. Legal scholars predicted the "death of contract" and its replacement by regulation and reliance-based theories of liability. Instead, we have witnessed the reemergence of free bargaining norms. This revival can be attributed to the rise of law-and-economics, which laid bare the intellectual failure of anticontractarian theories. Scholars in this school note that consumers are not as helpless as they have been made out to be, and that intrusive legal rules meant ostensibly to help them often leave them worse off. Contract law principles have also been very robust in areas far afield from traditional contract law, and the essays in this volume consider how free bargaining rights might reasonably be extended in tort, property, land-use planning, bankruptcy, and divorce and family law.

This book will be of particular interest to legal scholars and specialists in contract law. Economics and public policy planners will also be challenged by its novel arguments.