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.

The Unity of the Common Law: Studies in Hegelian Jurisprudence PDF

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