TY  - BOOK
AU  - Brudner,Alan
TI  - The unity of the common law
SN  - 9780191767944
AV  - K588 
U1  - 340.1 23
PY  - 2014///
CY  - Oxford
PB  - Oxford University Press
KW  - Common law
KW  - Civil law
KW  - Law
KW  - Philosophy
KW  - ukslc
KW  - Jurisprudence & general issues
KW  - thema
N1  - Previous ed: 1995; Includes bibliographical references and index; Specialized
N2  - 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
UR  - http://dx.doi.org/10.1093/acprof:oso/9780199592807.001.0001
ER  -