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The Unity of the Common Law - Oxford Scholarship Online
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The Unity of the Common Law

Alan Brudner

Abstract

This book 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, this book proposes a synthesis of formalism and functionalism in which private law is modified by a common good without being subservient to it. Drawing on Hegel's legal philosophy, the book exhibits this synthesis in each of transactional law's main ... More

Keywords: private law, formalism, functionalism, property, contract, unjust enrichment, tort

Bibliographic Information

Print publication date: 2013 Print ISBN-13: 9780199592807
Published to Oxford Scholarship Online: January 2014 DOI:10.1093/acprof:oso/9780199592807.001.0001

Authors

Affiliations are at time of print publication.

Alan Brudner, author
Professor Emeritus of Law and Political Science, University of Toronto