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 enrichmen[...]
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 con[...]