The unity of the common law second edition alan brudner a thoroughly revised and rewritten edition of brudners classic contribution to the theory of private law develops an account of private law that overturns the traditional divide between functionalism and formalism in explaining and justifying the law. Alan brudner is professor emeritus of law and political science at the university of toronto he is the author of punishment and freedom oxford 2009 constitutional goods oxford 2004 and the unity of the common law studies in hegelian jurisprudence california 1995 he was elected to the royal society of canada in 2011 show more. 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 . The unity of the constitution and the common law lesson from kenyas experience in comparative context a thesis submitted for the degree of doctor of laws at the university of nairobi. Its aim simply put is to reveal this fragmentation as a superficial appearance that conceals an underlying unity in the following chapters i attempt to interpret the common law from a standpoint that penetrates to this unity and brings it to the foreground the common laws unity will be shown to involve a synthesis of
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