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The legal holy grail? German lessons on codification for a fragmented Britain

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Peer-reviewed

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Article

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Authors

Bargenda, JA 
Stark, SW 

Abstract

jats:p 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. </jats:p>

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Keywords

48 Law and Legal Studies

Journal Title

Edinburgh Law Review

Conference Name

Journal ISSN

1364-9809
1755-1692

Volume Title

Publisher

Edinburgh University Press