The Unity of the Common Law - 8 Angebote vergleichen

Lieferung aus: Niederlande, 4-8 werkdagen.
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This book sets out a new understanding of the penal law of a liberal legal order. The prevalent view today is that the penal law is best understood from the standpoint of a moral theory concerning when it is fair to blame and censure an individual character for engaging in proscribed conduct. By contrast, this book argues that the penal law is best understood by a political and constitutional theory about when it is permissible for the state to restrain and confine a free agent. The book's thesi... This book sets out a new understanding of the penal law of a liberal legal order. The prevalent view today is that the penal law is best understood from the standpoint of a moral theory concerning when it is fair to blame and censure an individual character for engaging in proscribed conduct. By contrast, this book argues that the penal law is best understood by a political and constitutional theory about when it is permissible for the state to restrain and confine a free agent. The book's thesis is that penal action by public officials is permissible force rather than wrongful violence only if it could be accepted by the agent as being consistent with its freedom. There are, however, different conceptions of freedom, and each informs a theoretical paradigm of penal justice generating distinctive constraints on state coercion. Although this plurality of paradigms creates an appearance of fragmentation and contradiction in the law, the author argues that the penal law forms a complex whole uniting the constraints on punishment flowing from each paradigm.Taal: Engels;Afmetingen: 21x234x157 mm;Gewicht: 546,00 gram;Verschijningsdatum: februari 2012;ISBN10: 0199652333;ISBN13: 9780199652334; Engelstalig | Paperback | 2012.

Lieferung aus: Vereinigtes Königreich Großbritannien und Nordirland, in-stock.
In this classic study, Alan Brudner 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, Brudner proposes a synthesis of formalism and functionalism in which private law is modified by a common good without being subservient to it. Drawing on Hegel's legal philosophy, the author exhibits this synthesis in each of transactional law's main divisions: property, contract, unjust enrichment, and tort. Each is a whole composed of private-law and public-law parts that complement each other, and the idea connecting the parts to each other is also latently present in each. Moreover, Brudner argues, a single narrative thread connects the divisions of transactional law to each other. Not a row of disconnected fields, transactional law is rather a story about the realization in law of the agent's claim to be a dignified end-master of its body, its acquisitions, and the shape of its life. Transactional law's divisions are stages in the progress toward that goal, each generating a potential developed by the next. Thus, contract law fulfils what is incompletely realized in property law, negligence law what is germinal in contract law, public insurance what is seminal in negligence law, and transactional law as a whole what is underdeveloped in public insurance. The end point is the limit of what a transactional law can contribute to a life sufficient for dignity. Reconfigured and expanded with a contribution by Jennifer Nadler, The Unity of the Common Law stands out among contemporary theories of private law in that it depicts private law as purposive without being instrumental and as autonomous without being emptily formal.

Lieferung aus: Vereinigte Staaten von Amerika, Ebook for download.
Law, The Unity of the Common Law, A fully revised edition of Brudner's classic account of the foundational structures and rationale of private law. Brudner proposes a radical unification of formalist and functionalist understandings of the law. In doing so, he rethinks the foundations of tort, contract, property, and unjust enrichment as a unity of private and public law. eBook.

Lieferung aus: Vereinigte Staaten von Amerika, In Stock.
The-Unity-of-the-Common-Law~~Alan-Brudner, The Unity of the Common Law, Paperback.

Lieferung aus: Vereinigtes Königreich Großbritannien und Nordirland, zzgl. Versandkosten, Verandgebiet: EUR.
Von Händler/Antiquariat, Prior Books, Gloucestershire, Cheltenham, [RE:4].
Paperback, First Edition.

Lieferung aus: Vereinigte Staaten von Amerika, zzgl. Versandkosten, Verandgebiet: DOM.
Von Händler/Antiquariat, Ebooksweb, PA, Bensalem, [RE:4].
Paperback, Reprint.

Lieferung aus: Vereinigte Staaten von Amerika, zzgl. Versandkosten, Verandgebiet: DOM.
Von Händler/Antiquariat, spellbound, PA, McKeesport, [RE:5].
Paperback, Reprint.

Lieferung aus: Vereinigte Staaten von Amerika, zzgl. Versandkosten, Verandgebiet: DOM.
Von Händler/Antiquariat, Powell's Bookstores, Chicago, IL, Chicago, [RE:5].
Paperback.