Form and Substance of Legal Continuity
Forthcoming in "Zeszyty Prawnicze" Vol. 17.2
32 Pages Posted: 10 Aug 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
Suggested Citation: Suggested Citation