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Retroactivity and the Common Law
Ben Juratowitch
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| #4850708 in Books | Hart Publishing | 2008-02-01 | Original language:English | PDF # 1 | 9.25 x6.25 x1.00l,1.10 | File type: PDF | 239 pages | ||About the Author|This book is substantially based on the doctoral thesis written by Ben Juratowitch while an Australian Rhodes Scholar at the University of Oxford. He is now practising in international arbitration at Freshfields Bruckhaus Deringer in Paris.
The central claim of this book is that when a court considers whether to develop or change a common law rule, the retroactive effect of doing so should explicitly be considered and, informed by the common law's approach to statutory construction, presumptively be resisted. As a platform for this claim, a definition of 'retroactivity' is established and a review of the history of retroactivity in the common law is provided. The argument is then that certainty - particular...
You easily download any file type for your device.Retroactivity and the Common Law | Ben Juratowitch.Not only was the story interesting, engaging and relatable, it also teaches lessons.
