About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

11 Eur. J.L. Reform 225 (2009)
Codification and the Common Law

handle is hein.journals/ejlr11 and id is 229 raw text is: Codification and the Common Law Catherine Skinner* Abstract This article examines the relationship between codification and the common law. The author sets out codification experiences within the USA, UK and Israel to show the opportunities and limitations of codification in the common law world. The author concludes that codification and common law are not per se incompatible and could result in effective and creative law-making. A. Introduction This paper examines the relationship between codification and the common law. Is codification truly anathema to the common law mind?' Or are there opportunities for successful co-existence? I will seek answers to these questions against the backdrop of codification experiences in common law jurisdictions, with a particular focus on the United Kingdom (UK) and the United States of America (US), and the mixed jurisdiction of Israel. These case studies offer valuable lessons about the opportunities and limitations of codification in the common law world. My thesis is that modem ideas of codification are not incompatible with the methodology or the substance of the common law. Indeed, as the national case studies will demonstrate, the two ideas together offer the potential for effective and creative law-making, bearing out Lord Wilberforce's prediction that codification intelligently done could revive the spirit of the common law.' To place this issue in context, section B of this paper will discuss the relevance and implications of codification in contemporary common law jurisdictions, define some key terms, and describe the apparent obstacles to codification within the Anglo-American legal system. Section C will outline the details of actual codification experiences within common law and mixed common law-civil law systems. And section D will explore how the obstacles to codification have influenced codifying efforts, and what techniques have been used to overcome them or attenuate their effect. LL.M., University of London, Institute of Advanced Legal Studies. As described by P. LeGrand, A Diabolical Idea, in A S. HartKamp et al. (Eds.), Towards a European Civil Code 245 (2004). 2During the debates on the Law Reform Commissions Act 1965: H.L.Deb. Vol. 264, columns 1175, 1176. European Journal of Law Reform, Vol. 11, no. 2, pp 225-257. 0 Eleven International Publishing 2009.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most