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CAROL S. BRUCH Nonmarita l Cohabitation in the Common Law Countries: A Study in Judicial-Legislative Interactio n A study of nonmarital cohabitation in the common law countries is as much a study of the mechanisms of change as it is a study of the substantive legal rules affecting informal families. The move ment of the law as it addresses the legal issues posed by recent dra matic changes in lifestyles highlights important differences in the legal systems of the common law world. Traditionally the common law has been viewed as a means of piecemeal, incremental change that operates on a case-by-case ba sis. Its doctrine of stare decisis coordinates what might otherwise be an unruly phenomenon of ad hoc justice. In addition, the reali ties of a shared language and a shared tradition of judicial reasoning have fostered a cross-pollination of ideas as courts have looked to persuasive opinions of sister-jurisdictions even when respect was not owed under the rules of precedent. Finally, common history and logic have often prompted independent yet parallel developments of the law. At the same time, however, important differences in the struc ture and the style of the common law have developed and are
American Journal of Comparative Law – Oxford University Press
Published: Apr 1, 1981
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