Titlebook: Common Law – Civil Law; The Great Divide? Nicoletta Bersier,Christoph Bezemek,Frederick Scha Book 2022 The Editor(s) (if applicable) and Th

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Is China a Continental-Law Country?,luence. It offers the characterization of a hybrid nature of China’s legal system, which is neither common nor continental. Thus, it concludes that Chinese law blends together the socialist tradition and Western elements, combining both continental and Anglo-American with ancient factors.

Limpid

https://doi.org/10.1007/978-3-030-55203-9ever it exists are so consistent that such generalizations are indeed possible. This essay explores these questions, with a focus on whether the differences between civil and common law legal systems are, or are not, so great as to impede jurisprudential inquiry.

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https://doi.org/10.1057/9781403913876, in principle, originalism and positivism overlap and, to a very considerable extent, might complement each other. On the other, I will argue that, whereas many originalists are inclined to endorse legal positivism at the justificatory level, the new versions of legal positivism defended by Raz, Marmor, and Shapiro reject originalism.

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The Omnipotence of Organisationecognition to the international case. It will be argued here that Kelsen’s theory of international law is better placed to provide the missing explanation of why the existence puzzle continues to be relevant.

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