The unity of the common law
By: Alan Brudner
Edition: 2nd edition.
Series: Oxford scholarship online
Publisher: Oxford University Press
Published: 2014
Place of publication: Oxford
Language: eng
ISBN-13: 9780191767944
Subjects: Civil law; Common law; Law; Philosophy
Description: The structure of common law has for many years been the subject of intense debate between formalists and functionalists. The former, drawing on legal realism, proposes that transactional law is a private law for interacting parties, while the later inspired by Kant, argue it is a public law serving the collective ends of society. But what if there were a unity between functionalism and formalism? What if, in this unity private law is modfied by a common good? In this revised and re-written edition, Alan Brudner draws on Hegel's legal philosophy to exhibit this unity in each of transactional laws main divisions; property, contract, unjust enrichment and tort. Brudner suggests each of these divisions is composed of private-law and public-law parts that complement each other and that they are connected by a single narrative thread. This thread consists in development towards a goal.
Notes: Previous ed: 1995.

Includes bibliographical references and index.

Mode of access: World Wide Web.