If you had an account on forum.suprbay.org with at least one post, you do not need to re-register. Your account is still active and your Suprbay username and password will work.

Alan Brudner: The Unity of the Common Law (2nd ed. OUP 2017)
Could anyone help me find this, please? Undecided
(only extracts, probably from the 1st ed, available on Libgen)

Alan Brudner: The Unity of the Common Law (2nd ed. OUP 2017)

[Image: 9780199592807.jpg]

Abstract (from Oxford Scholarship Online)

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 divisions: property, contract, unjust enrichment, and tort. Each is a whole composed of private-law and public-law parts that complement each other, and the idea connecting the parts to each other is also latently present in each. Moreover, a single narrative thread connects the divisions of transactional law to each other. Not a row of disconnected fields, transactional law is rather a story about the realization in law of the agent's claim to be a dignified end-master of its body, its acquisitions, and the shape of its life. Transactional law's divisions are stages in the progress toward that goal, each generating a potential developed by the next. Thus, contract law fulfils what is incompletely realized in property law, negligence law what is germinal in contract law, public insurance what is seminal in negligence law, and transactional law as a whole what is underdeveloped in public insurance. The end-point is the limit of what a transactional law can contribute to a life sufficient for dignity.

Possibly Related Threads…
Thread Author Replies Views Last Post
  Tort Law for paralegals, 7th edition by Neal R Bevans DarkLight22 0 801 Sep 12, 2022, 05:15 am
Last Post: DarkLight22
  Alan Montefiore (ed.), Neutrality and Impartiality: The University and Political Comm Zenodotus_the_Ephesian 0 2,051 Apr 06, 2022, 05:16 am
Last Post: Zenodotus_the_Ephesian
  book: English In Common 1 ChipW 0 2,326 Mar 07, 2022, 21:30 pm
Last Post: ChipW
  The Oxford Handbook of International Cultural Heritage Law Bensah 2 1,845 Jan 15, 2022, 13:46 pm
Last Post: Bensah
  Law School Books needed lexisneedy 0 2,312 Jan 04, 2022, 02:50 am
Last Post: lexisneedy

Users browsing this thread: 1 Guest(s)