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 . The unity of the common law second edition alan brudner a thoroughly revised and rewritten edition of brudners classic contribution to the theory of private law develops an account of private law that overturns the traditional divide between functionalism and formalism in explaining and justifying the law. Against both camps brudner proposes a unity of formalism and functionalism in which private law is modified by a common good without being subservient to it drawing on hegels legal philosophy the author exhibits this unity in each of transactional laws main divisions property contract unjust enrichment and tort. 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
How it works:
1. Register Trial Account.
2. Download The Books as you like ( Personal use )