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Introduction to Havighurst's Limitations Upon Freedom of Contract, 1979 ARIZ. ST. L.J. 165 (1979)


If I follow Dean Havighurst's argument correctly, the idea-or slogan-
of freedom of contract is one that emerges in the course of the
nineteenth century after centuries or millennia during which the range of
choice available to most people had been confined within what we, in this
century, would perceive as intolerably narrow limits. It seems to be implicit
in his discussion that this new idea, freedom of contract, derived
from the eighteenth century industrial revolution and the economic system
which, following Karl Marx, we call capitalism that followed in its wake.

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