Alan Brudner's Books

The Unity of the Common Law

By: Alan Brudner,Jennifer M. Nadler

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The structure of common law has for many years been the subject of intense debate between formalists and functionalists. The former, drawing on legal realism, proposes that transactional law is a private law for interacting parties, while the later, inspired by Kant, argue it is a public law serving the collective ends of society. But what if there were a unity between functionalism and formalism? What if, in this unity, private law is modfied by a common good? In this thoroughly revised and re-written edition of his classic book 'The Unity of the Common-Law: Studies in Hegelian Jurisprudence,' Alan Brudner draws on Hegel's legal philosophy to exhibit this unity in each of transactional laws main divisions; property, contract, unjust enrichment and tort. Brudner suggests each of these divisions is composed of private-law and public-law parts that complement each other and that they are connected by a single narrative thread. This thread consists in development towards a goal. The goal is the dignity that comes with the attainment of the legal conditions necessary and sufficient for reconciling dependence with independence. Thus the end point is what a transactional law can contribute to a life sufficient for dignity.

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378

Publisher

Oxford University Press

Published Date

ISBN 10

0199592802

ISBN 13

9780199592807

Punishment and Freedom

A Liberal Theory of Penal Justice

By: Alan Brudner

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Punishment and Freedom

A Liberal Theory of Penal Justice

By: Alan Brudner

Presenting an original theory on the nature of crimimal law, this text provides an understanding of apparent contradictions and paradoxes within the field.

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336

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ISBN 10

0191705500

ISBN 13

9780191705502

The Owl and the Rooster

Hegel's Transformative Political Science

By: Alan Brudner

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The Owl and the Rooster

Hegel's Transformative Political Science

By: Alan Brudner

Since 1945, there have been two waves of Anglo-American writing on Hegel's political thought. The first defended it against works portraying Hegel as an apologist of Prussian reaction and a theorist of totalitarian nationalism. The second presented Hegel as a civic humanist critic of liberalism in the tradition of Rousseau. The first suppressed elements of Hegel's thought that challenge liberalism's individualistic premises; the second downplayed Hegel's theism. This book recovers what was lost in each wave. It restores aspects of Hegel's political thought unsettling to liberal beliefs, yet that lead to a state more liberal than Locke's and Kant's, which retain authoritarian elements. It also scrutinizes Hegel's claim to have justified theism to rational insight, hence to have made it conformable to Enlightenment standards of admissible public discourse. And it seeks to show how, for Hegel, the wholeness unique to divinity is realizable among humans without concession or compromise and what role philosophy must play in its final achievement. Lastly, we are shown what form Hegel's philosophy can take in a world not yet prepared for his science. Here is Hegel's political thought undistorted.

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399

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Cambridge University Press

Published Date

ISBN 10

1108190774

ISBN 13

9781108190770

The Unity of the Common Law

By: Alan Brudner

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The Unity of the Common Law

By: Alan Brudner

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.

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378

Publisher

OUP Oxford

Published Date

ISBN 10

0191002542

ISBN 13

9780191002540

Punishment and Freedom

By: Alan Brudner

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Punishment and Freedom

By: Alan Brudner

Presenting an original theory on the nature of crimimal law, this text provides an understanding of apparent contradictions and paradoxes within the field.

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357

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Oxford University Press

Published Date

ISBN 10

0199652333

ISBN 13

9780199652334

Justice and the Slaughter Bench

Essays on Law's Broken Dialectic

By: Alan Norrie

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Justice and the Slaughter Bench

Essays on Law's Broken Dialectic

By: Alan Norrie

In this follow-up to Law and the Beautiful Soul, Alan Norrie addresses the split between legal and ethical judgment. Shaped by history, law’s formalism both eschews and requires ethics. The first essays consider legal form in its practical aspect, and the ethical problems encountered (‘law’s architectonic’). The later essays look at the complex underlying relation between law and ethics (‘law’s constellation’). In Hegel’s philosophy, legal and ethical judgment are brought together in a rational totality. Here, the synthesis remains unachieved, the dialectic systematically ‘broken’. These essays cover such issues as criminal law’s ‘general part’, homicide reform, self-defence, euthanasia, and war guilt. They interrogate legal problems, consider law’s method, and its place in the social whole. The analysis of law’s historicity, its formalism and its relation to ethics contributes importantly to central questions in law, legal theory and criminal justice.

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356

Publisher

Routledge

Published Date

ISBN 10

1317355512

ISBN 13

9781317355519

Masters of Paradise

Organised Crime and the Internal Revenue Service in the Bahamas

By: Alan A. Block

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Masters of Paradise

Organised Crime and the Internal Revenue Service in the Bahamas

By: Alan A. Block

This is the story of organized crime's penetration of the islands and the corruption of its high officials during the time The Bahamas become politically independent of Great Britain. It describes secret U.S. Internal Revenue Service operations aimed at American criminals involved in Bahamian-based tax scams and similar crimes. Block paints a devastating picture of a symbiotic relationship among off-shore tax havens in The Bahamas, sophisticated American criminals, and complacent public officials in the United States. During the 1960s and 1970s, the I.R.S. launched major investigations into American organized crime and the subterranean economy of The Bahamas. Block's access to the private papers of many of the key players in these affairs has given him a unique perspective. He has uncovered details of crime, corruption, and bureaucratic infighting within and among the U.S. Treasury and Justice Departments that have been largely unrecognized by previous researchers. Block shows how important links in the international traffic in cocaine were forged in the Bahamas, in full view of American officials. Masters of Paradise raises major questions about American law enforcement officials' commitment to fighting complex international crime during the 1960s and the 1970s. While there have been other studies of tax havens, money laundering, and offshore investigations, Block's access to information and his grasp of its meaning is unique. Professionals interested in the history and sociology of organized crime and the underground economy will find this book eye-opening. General readers interested in organized crime and political corruption will find it absorbing.

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263

Publisher

Routledge

Published Date

ISBN 10

1351309382

ISBN 13

9781351309387

Participation in Crime

Domestic and Comparative Perspectives

By: Alan Reed,Michael Bohlander

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Participation in Crime

Domestic and Comparative Perspectives

By: Alan Reed,Michael Bohlander

Following on from the earlier edited collection, Loss of Control and Diminished Responbility, this book is the first volume in the Substantive Issues in Criminal Law series. It serves as a leading point of reference in the area relating to participation in crime and identifies the need for a consistent approach to the doctrinal and theoretical underpinnings of complicity liability. With a section on the UK analysing points of current interest, the book also has a large comparative section dealing with foreign jurisdictions and examines on the basis of a unified research grid how different legal systems treat core issues of participation in the context of criminal law. This book is a valuable reference resource for those in the criminal justice community in the UK and abroad and for academics, the judiciary and policy-makers.

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736

Publisher

Routledge

Published Date

ISBN 10

1317084004

ISBN 13

9781317084006

The Owl and the Rooster

Hegel's Transformative Political Science

By: Alan Brudner

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The Owl and the Rooster

Hegel's Transformative Political Science

By: Alan Brudner

This book boldly restores Hegel's rational theism to the center of his thought, thereby bringing Hegel's full originality to bear on contemporary issues in political theory.

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399

Publisher

Cambridge University Press

Published Date

ISBN 10

1107197546

ISBN 13

9781107197541

Crime, Reason and History

A Critical Introduction to Criminal Law

By: Alan Norrie

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Crime, Reason and History

A Critical Introduction to Criminal Law

By: Alan Norrie

Many books seek to explain the general principles of the criminal law. Crime, Reason and History stands out and alone as a book that critically and concisely analyses these principles and comes up with a different viewpoint: that the law is shaped by social history and therefore systematically structured around conflicting elements. Updated extensively to include two new chapters on loss of control and self defence and with an extended treatment of offence and defence, this new edition combines challenging and sophisticated analysis with accessibility.

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451

Publisher

Cambridge University Press

Published Date

ISBN 10

1316060438

ISBN 13

9781316060438

Bodies of Law

By: Alan Hyde

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Bodies of Law

By: Alan Hyde

The most basic assertions about our bodies--that they are ours and distinguish us from each other, that they are private and have boundaries, races, and genders--are all political theories, constructed in legal texts for political purposes. So argues Alan Hyde in this first account of the body in legal thought. Hyde demonstrates that none of the constructions of the body in legal texts are universal truths that rest solely on body experience. Drawing on an array of fascinating case material, he shows that legal texts can construct all kinds of bodies, including those that are not owned at all, that are just like other bodies, that are public, open, and accessible to others. Further, the language, images, and metaphors of the body in legal texts can often convince us of positions to which we would not assent as a matter of political theory. Through analysis of legal texts, Hyde shows, for example, how law's words construct the vagina as the most searchable body part; the penis as entirely under mental control; the bone marrow that need not be shared with a half-sibling who will die without it; and urine that must be surrendered for drug testing in rituals of national purification. This book will interest anyone concerned with cultural studies, gender studies, ethnic studies, and political theory, or anyone who has heard the phrase "body constructed in discourse" and wants to see, step by step, exactly how this is done.

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291

Publisher

Princeton University Press

Published Date

ISBN 10

1400822319

ISBN 13

9781400822317

General Defences in Criminal Law

Domestic and Comparative Perspectives

By: Alan Reed,Michael Bohlander

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General Defences in Criminal Law

Domestic and Comparative Perspectives

By: Alan Reed,Michael Bohlander

The law relating to general defences is one of the most important areas in the criminal law, yet the current state of the law in the United Kingdom reveals significant problems in the adoption of a consistent approach to their doctrinal and theoretical underpinnings, as exemplified by a number of recent developments in legislation and case law. A coherent and joined-up approach is still missing. This volume provides an analysis of the main contentious areas in British law, and proposes ways forward for reform. The collection includes contributions from leading experts across various jurisdictions. Part I examines the law in the United Kingdom, with specialist contributions on Irish and Scottish law. Part II consists of contributions by authors from a number of foreign jurisdictions, all written to a common research grid for maximum comparability, which provide a wider background of how other legal systems treat problems relating to general defences in the context of the criminal law, and which may serve as points of reference for domestic law reform.

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Page Count

613

Publisher

Routledge

Published Date

ISBN 10

1317129547

ISBN 13

9781317129547

Book's by Alan Brudner

The Unity of the Common Law

The Unity of the Common Law

Punishment and Freedom

Punishment and Freedom

The Owl and the Rooster

The Owl and the Rooster

The Unity of the Common Law

The Unity of the Common Law

Punishment and Freedom

Punishment and Freedom

Justice and the Slaughter Bench

Justice and the Slaughter Bench

Masters of Paradise

Masters of Paradise

Participation in Crime

Participation in Crime

The Owl and the Rooster

The Owl and the Rooster

Crime, Reason and History

Crime, Reason and History

Bodies of Law

Bodies of Law

General Defences in Criminal Law

General Defences in Criminal Law

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