^ See Roscoe Pound, Justice According to Law, 13 Colum. L. Rev. 696, 697 (1913) (describing nineteenth-century European and American law as not allowing for a judge’s conception of justice); id. at 712–13 (describing the disadvantages of law’s rigidity, including its inability to achieve justice).
It is conceivable that remodeling the conceptual structure of German law in this way effected a profound transformation of its underlying normative substance. But it seems more plausible that this process involved the abductive extraction and refinement of normative principles immanent within the legal corpus, which ultimately received more transparent articulation in the form of the general legal principles laid down by the BGB. In my view, common law causes of action such as negligence and defamation ought to be understood in the same way. The pigeonholes of pre-BGB German tort law were coarse remedial devices whose underlying moral principles were never perspicuously disclosed by their formal structure. That these causes of action were named after various forms of relational wrongdoing did not indicate that relational wrongdoing was their basic moral concern. So, too, the common law torts are remedial legal pigeonholes — legal formulas for obtaining judicial relief — that, notwithstanding their surface form, are largely concerned with tracking a defendant’s moral responsibility for infringing a plaintiff’s rights and with enforcing the resulting moral liabilities to provide compensation or other forms of remedial relief.
。爱思助手对此有专业解读
paper: “rough sketchbook paper”
Sir Keir replied: "People will be really worried about the impact on them, and just to reassure households that the cap is in place until the end of June, until July.,推荐阅读传奇私服新开网|热血传奇SF发布站|传奇私服网站获取更多信息
5. Unused variables
open_app, quit_app, set_volume, toggle_dark_mode, screenshot, lock_screen。超级权重对此有专业解读