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Judge and JuristEssays in Memory of Lord Rodger of Earlsferry$
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Andrew Burrows, David Johnston, QC, and Reinhard Zimmermann

Print publication date: 2013

Print ISBN-13: 9780199677344

Published to Oxford Scholarship Online: September 2013

DOI: 10.1093/acprof:oso/9780199677344.001.0001

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Common Law Retrospectivity

Common Law Retrospectivity

(p.542) (p.543) 41 Common Law Retrospectivity
Judge and Jurist

Andrew Burrows

Oxford University Press

This chapter focuses on two areas, one in civil law (restitution for mistake of law) and the other in criminal law (marital rape), where decisions of the courts have raised especially interesting questions about retrospectivity. Before doing so, however, it first explains that the objections to retrospectivity are not absolute and, secondly, that there is no advantage in abandoning the terminology of retrospectivity.

Keywords:   civil law, mistake of law, criminal law, marital rape, retrospectivity

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