The idea of codification has proved to be amazingly resilient. In its modern form, it was originally the child of the 18th century marriage between the law of reason and enlightened absolutism. It was adopted and refined by 19th century conceptual jurisprudence, liberalism, and republicanism. It survived even the 20th century with its mass democracy and totalitarian regimes, social and regulatory state, and consumer society. Thus, there is every reason to believe that it will be with us in the 21st century as well. This is particularly true in continental Europe. In most countries there, the traditional civil codes have remained in force, often for 100 years or more. In other lands, notably in eastern Europe after the fall of communism, they are being revived. In yet others, such as the Netherlands, they are being replaced by completely new texts. I want to urge my European fellow jurists working toward a common civil code to consult and cooperate with scholars from other parts of the world, notably from North America.
Why Continental Jurists Should Consult Their Transatlantic Colleagues,
Law Quadrangle (formerly Law Quad Notes)
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