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The Continuity of Legal Systems in Theory and Practice

The Continuity of Legal Systems in Theory and Practice

作者： Benjamin Spagnolo
出版商： Hart Publishing
ISBN: 9781509920068
出版时间 January 2018
规格： Paperback , 280 pages
适应领域： U.K. ? 免责申明：
Countri(es) stated herein are used as reference only

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The Continuity of Legal Systems in Theory and Practice examines a persistent and fascinating question about the continuity of legal systems: when is a legal system existing at one time the same legal system that exists at another time?

The book's distinctive approach to this question is to combine abstract critical analysis of two of the most developed theories of legal systems, those of Hans Kelsen and Joseph Raz, with an evaluation of their capacity, in practice, to explain the facts, attitudes and normative standards for which they purport to account. That evaluation is undertaken by reference to Australian constitutional law and history, whose diverse and complex phenomena make it particularly apt for evaluating the theories’ explanatory power.

In testing whether the depiction of Australian law presented by each theory achieves an adequate ‘fit’ with historical facts, the book also contributes to the understanding of Australian law and legal systems between 1788 and 2001. By collating the relevant Australian materials systematically for the first time, it presents the case for reconceptualising the role of Imperial laws and institutions during the late nineteenth and early twentieth centuries, and clarifies the interrelationship between Colonial, State, Commonwealth and Imperial legal systems both before and after Federation.
Benjamin Spagnolo is the Penningtons Student (Fellow) and Tutor in Law at Christ Church, Oxford.

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