The unity of the common law: studies in Hegelian jurisprudence

The unity of the common law: studies in Hegelian jurisprudence

Law in General > Law in general. Comparative and uniform law. Jurisprudence > Comparative law. International uniform law > K588

Edition Details

• Creator or Attribution (Responsibility): Alan Brudner
• Biografical Information: Alan Brudner is Associate Professor of Law and Political Science at the University of Toronto.
• Language: English
• Jurisdiction(s): California
• Publication Information: Berkeley : University of California Press, ©1995
• Publication Type (Medium): Electronic books
• Material: Document, Internet resource
• Type: Internet Resource, Computer File
• Series title: Philosophy, social theory, and the rule of law, 2.
• Permalink: https://books.lawin.org/the-unity-of-the-common-law-studies-in-hegelian-jurisprudence/ (Stable identifier)

Additional Format

Print version: Brudner, Alan. Unity of the common law. Berkeley: University of California Press, ©1995 (DLC) 94037053 (OCoLC)31288746

Short Description

1 online resource (XII, 354 pages).

Purpose and Intended Audience

Useful for students learning an area of law, The unity of the common law: studies in Hegelian jurisprudence is also useful for lawyers seeking to apply the law to issues arising in practice.

Research References

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Bibliographic information

• Responsable Person: Alan Brudner.
• Publication Date: 1995
• Copyright Date: 1995
• Location: Berkeley, CA
• Country/State: California
• Number of Editions: 10 editions
• First edition Date: 1995
• Last edition Date: 1995
• Languages: British English
• Library of Congress Code: K588
• Dewey Code: 340.1
• ISBN: 0585031835 9780585031835
• OCLC: 42854458

Publisher Description:

Countering the influential VIew of Critical Legal Studies that law is an incoherent mixture of conflicting political ideologies, this book forges a new paradigm for understanding the common law as being unified and systematic. Alan Brudner applies Hegel’s legal and moral philosophy to fashion a comprehensive synthesis of the common law of property, contract, tort, and crime.
At a time when there is a strong tendency among scholars to VIew the common law as essentially fragmentary, inconsistent, and contradictory, Brudner suggests instead a coherence that synthesizes several interrelated dichotomies: good-centered and right-based legal paradigms, instrumental and non-instrumental conceptions of law, externalist and internalist interpretations of the common law system, and communitarian and individualist attempts to found the legal enterprise.
Brudner covers genuinely new ground through an interpretation of the common law from the standpoint of Hegelian legal philosophy. His 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.

Main Contents

The crisis of the common law
The unity of property law
Reconstructing contracts
The case for tort law
Agency and welfare in the penal law
Idealism and fidelity to law.

Structured Subjects (Headings):

• Common law
• Hegel, Georg Wilhelm Friedrich, 1770-1831
• Law (Philosophical concept)

Unstructured Subjects (Headings):

• Common law