The unity of the common law /
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...
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| Format: | eBook |
| Language: | English |
| Published: |
Oxford :
Oxford University Press,
2014.
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| Edition: | 2nd edition. |
| Subjects: | |
| Online Access: | Connect to the full text of this electronic book |
| Summary: | 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. |
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| Item Description: | Previous ed: 1995. |
| Physical Description: | 1 online resource |
| Bibliography: | Includes bibliographical references and index. |
| ISBN: | 9780191767944 0191767948 |