Study Concerning The Law
Although many students argue that “the boundaries between public and private law are becoming blurred”, and that this distinction has turn out to be mere “folklore” (Bergkamp, Liability and Environment, 1–2). Civil law jurisdictions recognise customized as “the other source of law”; hence, scholars are likely Law News to divide the civil law into the broad categories of “written law” or legislation, and “unwritten law” (ius non-scriptum) or customized. Yet they have a tendency to dismiss custom as being of slight significance compared to legislation (Georgiadis, General Principles of Civil Law, 19; Washofsky, Taking Precedent Seriously, 7).
John Austin’s utilitarian…
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