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A Continental Distinction in the Common LawA Historical and Comparative Perspective on English Public Law$
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J.W.F. Allison

Print publication date: 2000

Print ISBN-13: 9780198298656

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780198298656.001.0001

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A Model Distinction in a Model Setting

A Model Distinction in a Model Setting

(p.34) 3 A Model Distinction in a Model Setting
A Continental Distinction in the Common Law

J. W. F. Allison

Oxford University Press

The model setting or context for a working distinction between public and private law is characterized by its theory of the state, its approach to law, and its judicial institutions and procedures. By way of an explanatory model or ideal type, this chapter suggests systemic, normative, and often-neglected interconnections between that distinction and the conception of a distinct state administration — an approach to law that is categorical in conceiving of law as a systematic whole, a separation of powers that secures both judicial independence and judicial expertise in administration, and inquisitorial or investigative judicial procedures in administrative disputes. It distinguishes the viewpoints accentuated in the model and elaborated upon in later chapters, from other relevant viewpoints, provided by analyses with a different focus or of contexts other than the English and the French.

Keywords:   model, ideal type, system, state, administration, categorical, separation of powers, judicial independence, judicial expertise, inquisitorial

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