Abstract
Codification seems to be coming back into vogue in Great Britain, especially in Wales and in Scotland as a result of devolution and a related (if possibly temporary) surge in nationalism. Using Germany as a comparator, we argue that a codification renaissance should be met with caution. By examining German literature on the history of codification, it can be seen that codification is a difficult transplant in Great Britain. In any event, the German experience shows that codification is no panacea. Furthermore, when it comes to codification, we are quite literally speaking a different language to continental lawyers. Codifying statutes, more achievable in the British jurisdictions than larger, continental-style codes, reflect a peculiarly British style of codification, but risk being the compromise that pleases nobody. A patchwork of substantive reform, consolidation and restatement is proposed as a more suitable domestic solution.
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Julia Anna Bargenda and Shona Wilson Stark, The Legal Holy Grail? German Lessons on Codification for a Fragmented Britain, Edinburgh Law Review, Volume 22 Issue 2, Page 183-210, ISSN 1364-9809. Available Online May 2018.
First posted 2018-05-13 09:31:35
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