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An Emergent Legal Community : The Common Market Countries' Plans for Harmonization of Law

An Emergent Legal Community : The Common Market Countries' Plans for Harmonization of Law 1960 ] AMERICAN FOREIGN LAW ASSOCIATION PROCEEDINGS 351 States, and even more from the unique development in Australia and New Zealand, where arbitration tribunals settle, by a quasi-judicial process, such vital matters as minimum wages and maximum hours. Lastly, in the field of criminal law, there is still a broad community of con­ cepts, based on the common-law tradition, but important differences in tech­ nique exist. Canada, for instance, has a modern criminal code, but most of the Commonwealth continues with a mixture of statutes and common-law offences. Il l The major unifying factor is the tradition of thinking and approach to legal problems, which makes it relatively easy to move from English to Australian, Canadian, or Indian judgments and legal techniques. But this is, like the entire concept of the British Commonwealth, a rather intangible factor, and it is doubtful that there would be either much desire or much use in formaliz­ ing it. On the whole, tendencies in the British Commonwealth have been centrifugal rather than centripetal. It would certainly be most desirable to preserve and extend the practice of mutual study and reference in the field of both statutory and judicial developments. It is particularly desirable http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Journal of Comparative Law Oxford University Press

An Emergent Legal Community : The Common Market Countries' Plans for Harmonization of Law

American Journal of Comparative Law , Volume 9 (2) – Apr 1, 1960

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Publisher
Oxford University Press
Copyright
© 1960 by The American Association for the Comparative Study of Law, Inc.
ISSN
0002-919X
eISSN
2326-9197
DOI
10.1093/ajcl/9.2.351
Publisher site
See Article on Publisher Site

Abstract

1960 ] AMERICAN FOREIGN LAW ASSOCIATION PROCEEDINGS 351 States, and even more from the unique development in Australia and New Zealand, where arbitration tribunals settle, by a quasi-judicial process, such vital matters as minimum wages and maximum hours. Lastly, in the field of criminal law, there is still a broad community of con­ cepts, based on the common-law tradition, but important differences in tech­ nique exist. Canada, for instance, has a modern criminal code, but most of the Commonwealth continues with a mixture of statutes and common-law offences. Il l The major unifying factor is the tradition of thinking and approach to legal problems, which makes it relatively easy to move from English to Australian, Canadian, or Indian judgments and legal techniques. But this is, like the entire concept of the British Commonwealth, a rather intangible factor, and it is doubtful that there would be either much desire or much use in formaliz­ ing it. On the whole, tendencies in the British Commonwealth have been centrifugal rather than centripetal. It would certainly be most desirable to preserve and extend the practice of mutual study and reference in the field of both statutory and judicial developments. It is particularly desirable

Journal

American Journal of Comparative LawOxford University Press

Published: Apr 1, 1960

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