Liberalizing contracts : nineteenth century promises through literature, law and history / Anat Rosenberg.
2018
KD1573 .R67 2018 (Map It)
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Author
Title
Liberalizing contracts : nineteenth century promises through literature, law and history / Anat Rosenberg.
Published
London ; New York : Routledge, Taylor & Francis Group, 2018.
Copyright
©2018
Call Number
KD1573 .R67 2018
ISBN
9781138923706 (hbk. ; alk. paper)
1138923702 (hbk. ; alk. paper)
9781315684888 (ebk)
1138923702 (hbk. ; alk. paper)
9781315684888 (ebk)
Description
x, 263 pages ; 24 cm.
System Control No.
(OCoLC)1001453396
Summary
"[This book] 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. [The author] does so by placing canonical realist novels in conversation with legal-historical knowledge about Victorian contracts. [The author] 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 [the author] shows, that reinterpretation effectively secured, yet also altered, gender and class hierarchies, there is no teleology to such an account."-- Back cover.
Note
"A GlassHouse book."
Bibliography, etc. Note
Includes bibliographical references (pages 240-256) and index.
Series
Record Appears in
Gift
Purchased from the income of the Murray Fund
Gift

The Arthur W. Diamond Law Library
Purchased from the income of the Murray Fund
Table of Contents
Acknowledgements
ix
Introduction
1
1.
Contract's Liberalism in Contracts Histories
19
Metanarratives
20
Narrative Strand 1
Contract's Meaning, Or Classical Contract Law's Atomistic Individualism
22
Individualism in Contract Histories
23
Individualistic Bias in Contracts
24
Narrative Strand 2
Stability in Contract's Meaning, Or the Otherness of Status and Collectivism
34
Status and Contract
35
Collectivism and Contract
39
Narrative Strand 3
Hegemony of Contract's Meaning, Or Atomism as Culture
46
Individualism Around Contract
47
Collectivism Around Contract
53
pt. I
From Status
57
Foreword
59
2.
Credit and the Market: Vanity Fair and The Way We Live Now
65
3.
Contract and Abstraction!?): Agency in Ruth and Bleak House
95
4.
Contract and Freedom (?): Constrained Existence in Middlemarch and The Mayor of Casterbridge
127
pt. II
With Status
169
Foreword
171
5.
Status-to-Contract Reassessed: The Victorian Promise of Marriage
176
6.
Liberal Anguish: Wuthering Heights and the Structures of Liberal Thought
215
Epilogue: History Is Always in the Future
238
Bibliography
240
Index
257