Journals Higher Education



Published: 03 October 2013

384 Pages


ISBN: 9780199592807

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The Unity of the Common Law

Second Edition

Alan Brudner

  • A thoroughly revised and rewritten edition of Brudner's 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
  • Reconceives the core areas of private law - property, tort, contract, and unjust enrichment as a unity of private and public law

New to this Edition:

  • Thoroughly revised and updated in light of developments in private law theory since the first edition
  • There is a new chapter situating the book in relation to the so-called New Private Law.
  • There is a new chapter on the place of private law in Kant's philosophy of right, and a new chapter (contributed by Jennifer Nadler) on unjust enrichment.

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