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The Rise and Fall of Freedom of Contract$
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P. S. Atiyah

Print publication date: 1985

Print ISBN-13: 9780198255277

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198255277.001.0001

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The Intellectual Background, 1770–1870–1

The Intellectual Background, 1770–1870–1

(p.292) 11 The Intellectual Background, 1770–1870–1
The Rise and Fall of Freedom of Contract

P. S. Atiyah

Oxford University Press

This chapter examines changes in the intellectual condition in England during the period from 1770 to 1870 and the important implications of this for freedom of contract. The intellectual background of legal developments during this period was dominated by two bodies of thought. The first came from classical economics and was associated with Adam Smith and his followers, and the second was the body of thought called utilitarianism which was associated with Jeremy Bentham and his followers. This chapter compares the philosophies of Smith and Bentham in economic matters.

Keywords:   freedom of contract, intellectual condition, England, classical economics, Adam Smith, utilitarianism, Jeremy Bentham

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