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Nonmarital Cohabitation in the Common Law Countries: A Study in Judicial-Legislative Interaction

Nonmarital Cohabitation in the Common Law Countries: A Study in Judicial-Legislative Interaction 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 http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Journal of Comparative Law Oxford University Press

Nonmarital Cohabitation in the Common Law Countries: A Study in Judicial-Legislative Interaction

American Journal of Comparative Law , Volume 29 (2) – Apr 1, 1981

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Publisher
Oxford University Press
Copyright
© 1981 by The American Association for the Comparative Study of Law, Inc.
ISSN
0002-919X
eISSN
2326-9197
DOI
10.2307/839619
Publisher site
See Article on Publisher Site

Abstract

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

Journal

American Journal of Comparative LawOxford University Press

Published: Apr 1, 1981

There are no references for this article.