Dominion and Wealth _ Donna C Kline

DOMINION AND WEALTH

A Critical Analysis of Karl Marx Theory of Commercial Law

Donna C Kline

1987

Pages : 259

Preface ix

Acknowledgments x

CHAPTER ONE An Analysis of Marx' Description of the Will Theory of Law 1

I. Introduction 1

II. Marx' University Study 13

III. Textual Indications of Attribution 15

N. Analysis of the Will Theory of Law 18

V. Analysis of the Key Passage 29

VI. Hegel, Savigny, and Locke as Will Theorists 41

CHAPTER TWO An Examination of the Accuracy of Marx' Description of the Will Theory 57

I. Thesis I (Legal Title and Economic Reality) 58

II. Thesis V (Contract as Accident) 66

III. Theses VI and VII (Contract and Free Will) 72

IV. Conclusion 80

CHAPTER THREE Duress and Free Will in Nmeteenth·Century Contract Law 81

I. Introduction 81

II. A General Review of the Doctrine of Freedom of Contract 87

III. The Historical Context 97

IV. Survey of the Law of Duress and Undue Influence 107

V. Outline of the Law of Duress and Undue Influence from 1820 to 1870 114

VI. Contract Law and Will Theory 131

CHAPTER FOUR An Examination of the Accuracy of Marx' Descnption of the Law 139

I. Contracts as Accidental 140

II. Contracts as Acts of Free Will 143

III. Principles of Contract Law 149

IV. Nonnative Statements in the Case Law 150

V. Conclusion 151

CHAPTER FIVE An Analysis of Marx' Criticism of Nineteenth-Century Commercial Law 153

1. Introduction 153

II. Criticism of the Basis Will Theory 156

APPENDICES

A Discussion of Dawson's Theories

B Facts of Various Cases

C Encyclopedia of Law Analysis

NOTES

BIBLIOGRAPHY

INDEX