Redefining codification : a comparative history of civil, commercial, and procedural codes / Dirk Heirbaut.

Oxford : Oxford University Press, 2025.

1st edition

202428

Law Europe Codification History.

Law France Codification History.

Law Germany Codification History.

Law Netherlands Codification History.

Law Belgium Codification History.

Comparative law Droit Europe Codification Histoire.

Droit Allemagne Codification Histoire.

Droit Pays-Bas Codification Histoire.

Droit Belgique Codification Histoire.

Droit comparé.

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.

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. - Publisher's website.

Includes bibliographical references and index.

9780198947363

xvi, 462 pages ; 24 cm