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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

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A Continental Distinction in the Common Law: A Historical and Comparative Perspective on English Public Law

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John AllisonFellow and Tutor in Law, Queen's College, University of Cambridge

ISBN13: 9780198258773
ISBN: 0198258771
Published: September 1997
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £78.00

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The development of an autonomous English public law has been accompanied by persistent problems--a lack of systematic principles, dissatisfaction with judicial procedures, and uncertainty about the judicial role. It has provoked an ongoing debate on the very desirability of the distinction between public and private law. In this debate, an historical and comparative perspective has been lacking. A Continental Distinction in the Common Law introduces such a perspective. It compares the recent emergence of a significant English distinction with the entranchment of the traditional French distinction. It explains how persistent problems of English public law are related to fundamental differences between the English and French legal and political traditions, differences in their conception of the state administration, their approach to law, their separation of powers, and their judicial procedures in public-law cases. The author argues that a satisfactory distinction between public and private law depends on a particular legal and political context, a context which was evident in late-nineteenth-century France and is absent in twentieth-century England.;This book is intended for academics and lawyers interested in comparative law, public law, and political theory.