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The Making of Legal AuthorityNon-legislative Codifications in Historical and Comparative Perspective$
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Nils Jansen

Print publication date: 2010

Print ISBN-13: 9780199588763

Published to Oxford Scholarship Online: May 2010

DOI: 10.1093/acprof:oso/9780199588763.001.0001

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Introduction

Introduction

Chapter:
(p.1) Introduction
Source:
The Making of Legal Authority
Author(s):

Nils Jansen

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199588763.003.0001

This introductory chapter begins with a brief discussion of the problems associated with law-making and its application in legal practice. It then sets out the purpose of the book, which is to further clarify the classical understanding of the legal process in general, and of codifications in particular. The analysis focuses on specific legal texts and their form, rather than on legal rules. Here, the main argument proceeds from the historical observation that — before and besides the modern legislative codifications — there have always been non-legislative codifications and other basic reference texts: law books, laying down a comprehensive body of norms, which were not issued by legislators but nevertheless were regarded as effectively binding in legal discourse.

Keywords:   legal authority, legislation, law-making, legislative codifications, legal texts

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