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 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 with a peculiar history.
|Title of host publication||The Convergence of legal systems in the 21st century|
|Subtitle of host publication||an Australian approach|
|Editors||Gabriël A. Moens, Rodolphe Biffot|
|Place of Publication||Brisbane, Qld.|
|Publisher||The Australian Institute of Foreign and Comparative Law and contributors|
|Number of pages||28|
|Publication status||Published - 2002|