| ID: | TARP-172 |
| Title: | CODIFICATION AND LEGAL CULTURE: IN COMPARATIVE PERSPECTIVE |
| Source: | Tulane European & Civil Law Forum Vol. 13, p. 125 |
| Parties: | |
| Dispute Resolution Organ: | |
| Year: | 1998 |
| Pages: | 0 |
| Author(s): | Daphne Barak-Erez |
| Keywords: | civil litigation, culture, European Union, French, legal reform, legal system, legal culture, codification, civil law, Roman law, comparative law, American Law |
| Abstract: | A comprehensive legislative reform, which changes an entire legal area, is called a codification. The new code is usually accompanied by hopes that a fresh start will be possible once the law is liberated from the constraints of the old law. The author casts doubt on these expectations about new codes and asks whether codification does indeed have the potential to transform legal systems and “liberate” from old traditions. Israel’s codification of the civil law implied a shift from the prevailing English influences toward the adoption of continental Romano-Germanic influences. In contrast to other comparisons between systems with strikingly different cultural backgrounds, this research stresses the importance of the underlying legal culture even when analyzing reforms within the frame of the western legal world. |
| Secured: | False |
| Download Article: | Available here |
CODIFICATION AND LEGAL CULTURE: IN COMPARATIVE PERSPECTIVE
Keywords: American Law, civil law, civil litigation, codification, comparative law, culture, Europe/European Union, French, legal culture, legal reform, legal system, Roman law
