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Books > Law > Jurisprudence & general issues > Foundations of law
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The Continuity of Legal Systems in Theory and Practice (Paperback)
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The Continuity of Legal Systems in Theory and Practice (Paperback)
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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.
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