The Legal Holy Grail? German Lessons on Codification for a Fragmented Britain
Edinburgh Law Review: an international forum for the discussion of law
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Stark, S., & Bargenda, J. The Legal Holy Grail? German Lessons on Codification for a Fragmented Britain. Edinburgh Law Review: an international forum for the discussion of law https://doi.org/10.17863/CAM.22961
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.
This record's DOI: https://doi.org/10.17863/CAM.22961
This record's URL: https://www.repository.cam.ac.uk/handle/1810/275697