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Vol 23 No 4 April/May 2018

Book of the Month

Cover of Williams, Mortimer and Sunnucks: Executors, Administrators and Probate

Williams, Mortimer and Sunnucks: Executors, Administrators and Probate

Edited by: Alexander Learmonth, Charlotte Ford, Julia Clark, John Ross Martyn
Price: £295.00

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UK Public Holiday Monday 28th May

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The Unity of the Common Law 2nd ed


ISBN13: 9780199592807
Previous Edition ISBN: 0520085965
Published: October 2013
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £73.00
Paperback edition , ISBN13 9780198812401



Despatched in 3 to 5 days.

Also available as
£52.50
+ £10.50 VAT

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 thoroughly revised and re-written edition of his classic book The Unity of the Common-Law: Studies in Hegelian Jurisprudence,' 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. The goal is the dignity that comes with the attainment of the legal conditions necessary and sufficient for reconciling dependence with independence. Thus the end point is what a transactional law can contribute to a life sufficient for dignity.

Subjects:
Jurisprudence
Contents:
PART 1
1. The Crisis of Private Law
2. Private Law and Kantian Right
PART 2
3. The Unity of Property Law
4. Reconstructing Contracts
5. Unjust Enrichment as Part Public Law
6. Recovering Tort Law
PART 3
7. Idealism and Fidelity to Law
8. The New Private Law