2013•Oxford University Press eBooksRequires access
Common Law Retrospectivity
Andrew Burrows
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Abstract
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.