Catalogue


The unity of the common law : studies in Hegelian jurisprudence /
Alan Brudner.
imprint
Berkeley : University of California Press, c1995.
description
xii, 354 p. ; 24 cm.
ISBN
0520085965 (cloth : acid-free paper)
format(s)
Book
Holdings
More Details
imprint
Berkeley : University of California Press, c1995.
isbn
0520085965 (cloth : acid-free paper)
catalogue key
1270170
 
Gift to Victoria University Library. Brudner, Alan. 2004/03/26.
Includes bibliographical references and index.
A Look Inside
Summaries
Long 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 ofGeist, suggesting a designation of the mutual dependence of the community and the atomistic self for their confirmation as ends.
Unpaid Annotation
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 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.
Table of Contents
Acknowledgments
The Crisis of the Common Lawp. 1
The Unity of Property Lawp. 21
Reconstructing Contractsp. 87
The Case for Tort Lawp. 153
Agency and Welfare in the Penal Lawp. 211
Idealism and Fidelity to Lawp. 261
Notesp. 291
Indexp. 347
Table of Contents provided by Blackwell. All Rights Reserved.

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