Chapter

Non-Legislative Codifications in Modern Law

Nils Jansen

in The Making of Legal Authority

Published in print April 2010 | ISBN: 9780199588763
Published online May 2010 | e-ISBN: 9780191723315 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199588763.003.0003
 Non-Legislative Codifications in Modern Law

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The American Restatements of the law have become a major textual authority of the American common law. Today, large parts of the law have been restated, and the Restatements are taken by the participants to the legal discourse as a valid expression of the law. This chapter shows that the American restatement approach has also influenced the developments of transnational restatements of the law. The International Institute for the Unification of Private Law (UNIDROIT) has largely applied the terminology and formal style of the American Restatements for its Principles of International Commercial Contracts; and a similar approach was taken, on the European level, by the Lando Commission on European Contract Law. Today, the Restatements' formal style is used by the Study Group on a European Civil Code and by the Acquis Group, the main non-legislative actors in the current political process of unifying European private law.

Keywords: American restatements; legislative codifications; legal texts; European contract law; International Institute for the Unification of Private Law

Chapter.  11230 words. 

Subjects: Jurisprudence and Philosophy of Law

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