“How will European law develop over the coming years of the 21st Century? This question was posed by Professor Raoul van Caenegem in 2002. His answer, based on history and comparative law, was that a […] truly European law ought to contain the most helpful elements of each one of the traditions across Europe’. He explained that ‘different nations have traditionally approached this issue in different ways. Indeed, the age-old English instinct is to say, with Lord Denning, ‘trust the judges, for they are the true guardians of the law’. The German feeling, which also goes back several centuries, is to say, with Savigny, ‘trust the learned jurists, for they are the best guides through the thickets of the law’. The French instinct, on the other hand, is to say, in true Jacobin and Napoleonic vein, trust the legislator and beware of judges and jurists who pervert the codes …” (more)
Bénédicte Fauvarque-Cosson, The French Contract Law Reform in a European Context. ELTE Law Journal 2014/1.
First posted 2015-06-09 06:33:02
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