Politics of Codification

Politics of Codification PDF

Author: Brian J. Young

Publisher: McGill-Queen's Press - MQUP

Published: 1994

Total Pages: 304

ISBN-13: 9780773512351

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In this study of a pivotal event in the evolution of Quebec's legal culture, Brian Young shows that codification of the Civil law was an intensely political act as well as a legal phenomenon.

The Politics of European Codification

The Politics of European Codification PDF

Author: Peter A. J. van den Berg

Publisher: Europa Law Publishing

Published: 2012-08

Total Pages: 0

ISBN-13: 9789089521293

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A European codification of private law is in the air. The European Parliament decided in favour of it, the European Commission supports it and many legal scholars are already working on it. The question is: why? This book provides an answer by looking into the history of codification. It focuses on the arguments that were used for the introduction of some modern codifications, such as the French Code civil and the Austrian ABGB. It shows that the realisation of these codifications was closely linked to the process of the formation of states. Since uniformity was thought to be of crucial importance to the formation of a modern state, it was only logical that the unification of law became an important goal, too. Codification was an excellent means to achieve this goal. After all, the most essential feature of these modern codifications was the establishment of the monopoly of the central government on the making of law within its own territory. This historical enquiry thus increases our understanding of the political nature of the endeavours to realise an European codification of private law.

Codification in East Asia

Codification in East Asia PDF

Author: Wen-Yeu Wang

Publisher: Springer Science & Business Media

Published: 2014-02-07

Total Pages: 248

ISBN-13: 3319034464

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This book looks at codification from a broad, international perspective, discussing general themes as well as various legal fields. Since codification is a subject of intense current interest in East Asia, this second volume on codification is dedicated to the sub-theme of codification and legal transplant in this area, focusing on China, Japan, Korea and Taiwan. It includes two papers that discuss development of codification in East Asia and Korea in particular. It is also comprised of two reports that draw comparative lessons from Japan, India and Indonesia. In addition, this volume consists of four general reports and 19 national reports that guide readers through the knowledge of codification of commercial law, administrative law, civil law and private international law in East Asia. This book is developed from papers presented at the 2012 Thematic Conference of the International Academy of Comparative Law.

Politics of Codification

Politics of Codification PDF

Author: Brian Young

Publisher: McGill-Queen's Press - MQUP

Published: 1994-11-17

Total Pages: 284

ISBN-13: 0773565043

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Young interprets codification as part of a larger process that included the collapse of the Lower Canadian rebellions, the decline of seigneurialism, expansion of bourgeois democracy in central Canada, professionalization of the bar, and formation of the institutional state. Central to codification was a profound ideological shift in Lower Canadian society that gave priority to exchange and individual property rights. Young examines the evolution of codification from its nationalist origins in the 1820s and 1830s into a Civil Code that was integral to Confederation and became a flagship of bilingualism in Quebec. The formation of the commission, the work of the codifiers, and the reaction of the anglophone minority and the Roman Catholic hierarchy are considered, as is the Code's meticulous blending of a conservative social vision with the principles of freedom of property. The Politics of Codification will be of great interest to students of law, members of the legal professions, and Canadian social and legal historians.

One Speaker, Two Languages

One Speaker, Two Languages PDF

Author: Lesley Milroy

Publisher: Cambridge University Press

Published: 1995-08-17

Total Pages: 384

ISBN-13: 9780521479127

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Code-switching - the alternating use of several languages by bilingual speakers - does not usually indicate lack of competence on the part of the speaker in any of the languages concerned, but results from complex bilingual skills. The reasons why people switch their codes are as varied as the directions from which linguists approach this issue, and raise many sociological, psychological, and grammatical questions. This volume of essays by leading scholars brings together the main strands of current research in four major areas: the policy implications of code-switching in specific institutional and community settings; the perspective of social theory on code-switching as a form of speech behaviour in particular social contexts; the grammatical analysis of code-switching, including the factors that constrain switching even within a sentence; and the implications of code-switching in bilingual processing and development.

The Politics of a European Civil Code

The Politics of a European Civil Code PDF

Author: Martijn W. Hesselink

Publisher:

Published: 2011

Total Pages: 48

ISBN-13:

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In 2003, the European Commission published its Action Plan on European contract law. That plan formed an important step towards a European Civil Code. In its Plan the Commission tried to depoliticise the codification process by asking a group of academic experts to prepare what it called a 'common frame of reference'. This paper, published in the European Law Journal in 2004, argued that drafting a European Civil Code involves making many choices which are essentially political. It further argued that the technocratic approach which the Commission had adopted in the Action Plan effectively excluded most stakeholders from having their say during the stage when the real choices were made. Therefore, before the drafting of the CFR/ECC starts, the Commission should have submitted a list of policy questions regarding the main issues of European private law to the European Parliament and the other stakeholders. Such an alternative procedure would have repoliticised the process. It would have increased the democratic basis for a European Civil Code and thus its legitimacy.

The Code of Capital

The Code of Capital PDF

Author: Katharina Pistor

Publisher: Princeton University Press

Published: 2020-11-03

Total Pages: 315

ISBN-13: 0691208603

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"Capital is the defining feature of modern economies, yet most people have no idea where it actually comes from. What is it, exactly, that transforms mere wealth into an asset that automatically creates more wealth? The Code of Capital explains how capital is created behind closed doors in the offices of private attorneys, and why this little-known fact is one of the biggest reasons for the widening wealth gap between the holders of capital and everybody else. In this revealing book, Katharina Pistor argues that the law selectively "codes" certain assets, endowing them with the capacity to protect and produce private wealth. With the right legal coding, any object, claim, or idea can be turned into capital - and lawyers are the keepers of the code. Pistor describes how they pick and choose among different legal systems and legal devices for the ones that best serve their clients' needs, and how techniques that were first perfected centuries ago to code landholdings as capital are being used today to code stocks, bonds, ideas, and even expectations--assets that exist only in law. A powerful new way of thinking about one of the most pernicious problems of our time, The Code of Capital explores the different ways that debt, complex financial products, and other assets are coded to give financial advantage to their holders. This provocative book paints a troubling portrait of the pervasive global nature of the code, the people who shape it, and the governments that enforce it."--Provided by publisher.

Codeswitching

Codeswitching PDF

Author: Monica Heller

Publisher: Walter de Gruyter

Published: 2010-09-15

Total Pages: 285

ISBN-13: 3110849615

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CONTRIBUTIONS TO THE SOCIOLOGY OF LANGUAGE brings to students, researchers and practitioners in all of the social and language-related sciences carefully selected book-length publications dealing with sociolinguistic theory, methods, findings and applications. It approaches the study of language in society in its broadest sense, as a truly international and interdisciplinary field in which various approaches, theoretical and empirical, supplement and complement each other. The series invites the attention of linguists, language teachers of all interests, sociologists, political scientists, anthropologists, historians etc. to the development of the sociology of language.

The Collected Works of Jeremy Bentham: Legislator of the World

The Collected Works of Jeremy Bentham: Legislator of the World PDF

Author: Jeremy Bentham

Publisher:

Published: 1998-12-03

Total Pages: 520

ISBN-13:

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Bentham attempted to persuade legislative authorities in the United States of America, Russia, Spain, Portugal, Greece, South and Central America, and elsewhere, to invite him to draft a code of law for them. The works presented in this volume record in detail Bentham's dealings with such eminent figures as James Madison, John Quincy Adams, Emperor Alexander I, Prince Adam Czartoryski, Alexander Mavrokordatos, Bernadino Rivadavia, and Jose del Valle.