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Words: | Submitted: Tue May 02 2006
... codification as changing unwritten laws to codified laws subjects the laws to bias by man. In his Philosophy of Positive Law, Austin argued that innovation in form and innovation in substance were dichotomous subjects. Austin's idea of innovation in form was codification of a specific area of the law. This has come to entail codifying just the gist of the law. Innovation in substance on the other hand denotes making comprehensive changes to the law. This can include extracting bad sections of the law and or adding improved sections to it. Austin argued these two innovations of the law were divergent. This is a sound argument as innovation in form only deals with codifying a specific area of the law. This means other areas of the law remain uncodified. On the flipside, innovation in substance causes widespread changes to the law. This can even imply total codification of the law. This ...
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