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Cover of Spencer Bower and Handley: Res Judicata

Spencer Bower and Handley: Res Judicata

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Lord Denning: Life, Law and Legacy



  


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This book is now Out of Print.
A new edition has been published, the details can be seen here:
The Unity of the Common Law 2nd ed isbn 9780199592807

The Unity of the Common Law: Studies in Hegelian Jurisprudence


ISBN13: 9780520085961
ISBN: 0520085965
New Edition ISBN: 9780199592807
Published: July 1995
Publisher: University Presses of California, Columbia and Princeton
Country of Publication: USA
Format: Hardback
Price: Out of print



Countering the view that law is an incoherent mixture of conflicting political ideologies, this book forges a paradigm for understanding the common law as being unified and systematic. It applies Hegel's legal and moral philosophy to fashion a synthesis of the common law of property, contract, tort and crime.;The book suggests a coherence that synthesizes several interrelated dichotomies: good-centred and right-based legal paradigms, instrumental and non-instrumental conceptions of law, externalist and internalist interpretations of the common law system, and communitarian and individualistic attempts to found the legal enterprise. The book's unifying notion of common law corresponds to Hegel's notion of ""Geist"", suggesting a designation of the mutual dependence of the community and the atomistic self for their confirmation as ends.