When repression is democratic and constitutional: the Federalist theory of representation and the Sedition Act of 1798
Article Abstract:
The Federalist-supported Sedition Act of 1798, which sharply restricted free speech and free association, was actually fully consistent with their theory of representative government. Federalists believed that democracy could only function through elected representatives, and that repressive laws such as the Sedition Act were necessary to prevent a deterioration to a direct, rather than representative, process. The Federalists' ideas may yet be applicable given the modern prevalence of government by special interests.
Publication Name: University of Chicago Law Review
Subject: Law
ISSN: 0041-9494
Year: 1999
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An economic analysis of the guaranty contract
Article Abstract:
Economic analysis reveals why surety or guaranty arrangements are often preferred over straightforward loans. In a surety contract, a debtor's promise to repay his or her creditor is guaranteed by a third person, the guarantor. Creditors may prefer surety arrangements where the third party can monitor the debtor at less cost. Guarantors prefer these arrangements because they allow one party to specialize in creating loans while another specializes in monitoring them.
Publication Name: University of Chicago Law Review
Subject: Law
ISSN: 0041-9494
Year: 1999
User Contributions:
Comment about this article or add new information about this topic:
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