Abstract

Abstract This essay addresses the question of gaps and contradictions (antinomies) in the law, and more particularly against the background of Pierluigi Chiassoni and Carla Huerta’s essay analysing how these phenomena are treated in civil law jurisdictions. As I will explain, there are interesting and important differences between how gaps and contradictions, and especially the latter, are respectively treated in the civil law and common law worlds. Yet from a comparative perspective, perhaps the most significant thing about the treatment of gaps and contradictions in the civil and common law worlds respectively is that both phenomena are rightfully treated as interesting and important in the civil law world, and too often mistakenly treated as uninteresting and unimportant in the common law world. Examining why this is so may reveal intriguing differences between the common law and civil law mindsets. Doing so is the principal goal of this essay.

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