Nils Jansen

in The Making of Legal Authority

Published in print April 2010 | ISBN: 9780199588763
Published online May 2010 | e-ISBN: 9780191723315 | DOI:

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This concluding chapter argues that non-legislative codifications, such as the American Restatements, the Principles of European Contract Law, and the UNIDROIT Principles of International Commercial Contracts, are no modern peculiarity. On the contrary: European private law has long been developed on the basis of texts that were largely independent of any political domination. This becomes apparent from the transjurisdictional character of most non-legislative codifications. Thus, private law has mostly been, and still is to a large degree, autonomous from the states' political system.

Keywords: legal authority; private law; non-legislative codifications

Chapter.  1235 words. 

Subjects: Jurisprudence and Philosophy of Law

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