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Principles of French Law$
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John Bell, Sophie Boyron, and Simon Whittaker

Print publication date: 2008

Print ISBN-13: 9780199541393

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199541393.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 06 December 2021

Sources of Law

Sources of Law

Chapter:
(p.12) (p.13) 1 Sources of Law
Source:
Principles of French Law
Author(s):

Sophie Boyron

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199541393.003.0002

Comparative lawyers often distinguish legal systems according to the sources to which they refer in determining what the law is. Though it may be doubted whether legal ‘thinking’ is so radically affected, it is true that the use of sources in different ways alters the character of legal argument. This chapter seeks to bring out those aspects of the French approach to law and legal argument which are distinctive. Any such general presentation has to be qualified by the recognition that different branches of French law operate in different ways — the approach to case law and doctrinal legal writing is different in administrative and constitutional law to that in civil and criminal law. Although the idea of convergence itself is not easily defined, the study of the sources undertaken reveals some similarities with a common law system.

Keywords:   law sources, constitutional norms, legislation, codification, case law, legal writing

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