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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Positivism and the South African approach to international adjudication: a sociological analysis
Author:Hund, JohnISNI
Year:1980
Periodical:South African Yearbook of International Law
Volume:6
Pages:1-41
Language:English
Geographic term:South Africa
Subjects:conflict of laws
international law
Abstract:This article, a sketch of a work in progress, comprises a set of preliminary hypotheses, as yet unsupported by much more than impressionistic documentation which the author hopes to test, refine and develop in the course of research over the coming two years. The article should be regarded therefore as illustrative rather than demonstrative, as suggestive rather than definitive. The author introduces a model of legal development which has been designed by Selznick and Nonet which allows the abstraction of a scale for measuring the 'stages' of development at which various legal systems exist. Once the scale has been constructed, one is able to see how various concrete legal systems, such as the South African, the American and the international legal system, can be compared and how, in relevant respects, they differ materially. One shall be able to enumerate the types of social structures and the types of legal systems that can support a creative, instrumentalist approach to law making. The most basic premise on which this paper has proceeded is that it does make sense to talk about 'descriptive' or sociological theories as opposed to ideological theories of law. Ref.
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