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> Furthermore, in common law countries like Australia, you have many legal concepts that have developed independently of statute and either remain independent o
by ubutler 3y ago
> Furthermore, in common law countries like Australia, you have many legal concepts that have developed independently of statute and either remain independent or have been formalised into statute.
This is the bigger point. In my own university studies, there was a clear segmentation between the common law and statute, although they are certainly interrelated.
It’s also worth noting that the boundaries between cases and legislation were not absolute, there were areas of the cases ‘mainland’ that contained legislation.
My point on the style was that in addition to differences in purposes, they are also textually different, which can indeed bleed into semantics.
- epgui 3y agoThe point is not lost on me. Certainly tort law, contract law, administrative law, and many other areas of law aren't usually sourced from blackletter law as much as from jurisprudence or other sources of law. I think this very point you're trying to make would be more persuasive if the analysis had modelled the relationships that do exist between blackletter law and case law. As we have already discussed, text similarity may not suffice to reveal these relationships. And while these relationships don't always exist, when they do exist they are very strong.