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The Unity of the Common Law

Alan Brudner




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 | #4065554 in Books |  2013-12-01 | Original language:English | PDF # 1 |  6.30 x1.10 x9.30l,1.61 | File type: PDF | 384 pages

|| ||"By translating the theoretical content of Hegel's Philosophy of Right into a modern idiom, by applying Hegel's political theory to the detail of modern common law doctrine, and by using that theory to critique and relativize the leading schools of legal theo

In this classic study, Alan Brudner investigates the basic structure of the common law of transactions. For decades, that structure has been the subject of intense debate between formalists, who say that transactional law is a private law for interacting parties, and functionalists, who say that it is a public law serving the collective ends of society. Against both camps, Brudner proposes a synthesis of formalism and functionalism in which private law is modified by a c...

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