The discipline ‘comparative law’ seems still to be distinguishing itself from lawmaking. In this paper I investigate theoretical reasons for this and propose a new type of concept of law, which should secure that distinction. This proposal is also made for further theoretical reasons, as well as for empirical reasons drawn from the structure (or rather lack of structure) of the Australian legal system, being both a common-law system and a system with a peculiar history.
|Journal||Oxford University comparative law forum|
|Publication status||Published - 2002|