More than half of the world's population lives under law codes. Yet, defining the concept of codification remains elusive. Rather than delving into abstract theories, this book provides a rich and contextual comparative legal history of codes in France, Germany, the Netherlands, and Belgium from the late eighteenth century to the present.
The author starts by examining the evolution of French, German, Dutch, and Belgian codes in their political and comparative context, thus challenging deeply rooted national narratives. He covers the well-studied civil codes and the often-overlooked commercial and procedural codes and drafts that failed to become law.
Against this backdrop, the book embarks on a comprehensive analysis of the factors contributing to the success or failure of codification efforts. Employing an innovative method of comparative legal history, Redefining Codification explores the key players and objectives behind codification, revealing that traditional notions of codification are far removed from reality. Following the deconstruction of some 'universal truths' about codifications, this volume offers fresh insights into the behind-the-scenes of the lawmaking machinery and an empirically based definition of codification.
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This book explores the evolution of law codes in France, Germany, the Netherlands, and Belgium from the late eighteenth century to today. It delves into civil, commercial, and procedural codes, even uncovering the stories of drafts that never became law.
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1: Introduction
2: France
3: Germany
4: The Netherlands
5: Belgium
6: The Lack of an Ideal Code
7: A Comparative Legal History Method for Studying the Success and Failure of Draft Codifications
8: Actors: Drafters, Politicians, and Other Stakeholders
9: Aims: Do Ambitions Survive Contact with Reality?
10: Conclusion: Redefining the Concept of a Code
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Dirk Heirbaut is a senior full professor at Ghent University specialized in comparative legal history. His research covers medieval feudal and customary law, the comparative history of private law codifications, and Belgian private law since Napoleon. He is a member of the Royal Flemish Academy of Belgium for Science and the Arts and the Academia Europaea and was a founding vice-president of the European Society for Comparative Legal History. He
has been a guest researcher and professor at various universities and received the Eike von Repgow Prize in 2014.
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Offers the first comprehensive overview of the history of civil, commercial, and procedural law codes in France, Germany, Belgium, and the Netherlands
Challenges national narratives by using a comparative approach
Redefines codification through empirical research
Provides a behind-the-scenes analysis of the lawmaking machinery
Les mer
Produktdetaljer
ISBN
9780198947363
Publisert
2025
Utgiver
Oxford University Press
Vekt
850 gr
Høyde
240 mm
Bredde
165 mm
Dybde
32 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
480
Forfatter