The Continuity of Legal Systems in Theory and Practice

Nonfiction, Reference & Language, Law, Jurisprudence, Constitutional
Cover of the book The Continuity of Legal Systems in Theory and Practice by Dr Benjamin Spagnolo, Bloomsbury Publishing
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Dr Benjamin Spagnolo ISBN: 9781849468855
Publisher: Bloomsbury Publishing Publication: October 22, 2015
Imprint: Hart Publishing Language: English
Author: Dr Benjamin Spagnolo
ISBN: 9781849468855
Publisher: Bloomsbury Publishing
Publication: October 22, 2015
Imprint: Hart Publishing
Language: English

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.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

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.

More books from Bloomsbury Publishing

Cover of the book Hopelessly Devoted by Dr Benjamin Spagnolo
Cover of the book Global Punk by Dr Benjamin Spagnolo
Cover of the book I Shall Not Hate by Dr Benjamin Spagnolo
Cover of the book Reeds Vol 8 General Engineering Knowledge for Marine Engineers by Dr Benjamin Spagnolo
Cover of the book B for Baby by Dr Benjamin Spagnolo
Cover of the book Prayers of Great Traditions by Dr Benjamin Spagnolo
Cover of the book Legal Realism and American Law by Dr Benjamin Spagnolo
Cover of the book None So Pretty by Dr Benjamin Spagnolo
Cover of the book I Was Vermeer by Dr Benjamin Spagnolo
Cover of the book 1938: Modern Britain by Dr Benjamin Spagnolo
Cover of the book The Golden Eagle by Dr Benjamin Spagnolo
Cover of the book Fen Country by Dr Benjamin Spagnolo
Cover of the book Inglorious by Dr Benjamin Spagnolo
Cover of the book Little Owl’s First Day by Dr Benjamin Spagnolo
Cover of the book RSPB Pocket Guide to British Birds by Dr Benjamin Spagnolo
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy