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.
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Produktdetaljer
ISBN
9781849468848
Publisert
2015
Utgave
1. utgave
Utgiver
Vendor
Hart Publishing
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter