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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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Conclusion

Conclusion

Chapter:
(p.138) Conclusion
Source:
The Making of Legal Authority
Author(s):

Nils Jansen

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199588763.003.0006

This concluding chapter argues that non-legislative codifications, such as the American Restatements, the Principles of European Contract Law, and the UNIDROIT Principles of International Commercial Contracts, are no modern peculiarity. On the contrary: European private law has long been developed on the basis of texts that were largely independent of any political domination. This becomes apparent from the transjurisdictional character of most non-legislative codifications. Thus, private law has mostly been, and still is to a large degree, autonomous from the states' political system.

Keywords:   legal authority, private law, non-legislative codifications

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