Form and Substance of Legal Continuity
"Zeszyty Prawnicze" 17.2 (2017): 207-234
28 Pages Posted: 10 Aug 2017 Last revised: 19 Dec 2017
Date Written: June 18, 2017
The paper claims that the form vs. substance dichomoty is relevant for the study of legal continuity, however, only provided that the notion of ‘form’ refers to the ‘form of law,’ and the notion of ‘substance’ refers to the socio-economic reality which the law strives to regulate. Therefore, the study of legal continuity despite a socio-economic transformation is, ultimately, the study of interaction between the (unchanged) form and (changed) substance.
Keywords: Legal Survivals, Form, Substance, Legal Continuity, Legal Change, Law Reform
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