Does It Make A Difference To Follow Monism or Dualism?

Yıl 2010, Cilt: 3 Sayı: 2, 85 - 96, 01.06.2010

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For classification of copyright systems, many writers distinguish between ‘droit d’auteur’ systems and ‘copyright’ systems but there are writers who use three different systems. According to P. Geller, these are the Anglo-Saxon system, the French system and the German system. The main reason is perhaps the conflicting approaches of French dualism and German monism. However, although Dietz and Stewart distinguish German copyright law from French copyright law, they emphasize also the common ideas behind them.1 Consequently, these two laws belong to the same system but have minimal differences resulting from their doctrinal developments. I do not agree with Davies that this is an obstacle for making precise distinctions between common law and civil law