
Redefining Codification
A Comparative History of Civil, Commercial, and Procedural Codes
Dirk Heirbaut(Author)
Oxford University Press
Published on 23. January 2025
Book
Hardback
480 pages
978-0-19-894736-3 (ISBN)
Description
More than half of the world's population lives under law codes. Yet, defining the concept of codification remains elusive. Rather than delving into abstract theories, this book provides a rich and contextual comparative legal history of codes in France, Germany, the Netherlands, and Belgium from the late eighteenth century to the present.
The author starts by examining the evolution of French, German, Dutch, and Belgian codes in their political and comparative context, thus challenging deeply rooted national narratives. He covers the well-studied civil codes and the often-overlooked commercial and procedural codes and drafts that failed to become law.
Against this backdrop, the book embarks on a comprehensive analysis of the factors contributing to the success or failure of codification efforts. Employing an innovative method of comparative legal history, Redefining Codification explores the key players and objectives behind codification, revealing that traditional notions of codification are far removed from reality. Following the deconstruction of some 'universal truths' about codifications, this volume offers fresh insights into the behind-the-scenes of the lawmaking machinery and an empirically based definition of codification.
The author starts by examining the evolution of French, German, Dutch, and Belgian codes in their political and comparative context, thus challenging deeply rooted national narratives. He covers the well-studied civil codes and the often-overlooked commercial and procedural codes and drafts that failed to become law.
Against this backdrop, the book embarks on a comprehensive analysis of the factors contributing to the success or failure of codification efforts. Employing an innovative method of comparative legal history, Redefining Codification explores the key players and objectives behind codification, revealing that traditional notions of codification are far removed from reality. Following the deconstruction of some 'universal truths' about codifications, this volume offers fresh insights into the behind-the-scenes of the lawmaking machinery and an empirically based definition of codification.
More details
Language
English
Place of publication
Oxford
United Kingdom
Target group
College/higher education
Product notice
sewn/stitched
Cloth over boards
Dimensions
Height: 242 mm
Width: 166 mm
Thickness: 34 mm
Weight
888 gr
ISBN-13
978-0-19-894736-3 (9780198947363)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Additional editions

Dirk Heirbaut
Redefining Codification
A Comparative History of Civil, Commercial, and Procedural Codes
E-Book
01/2025
OUP eBook
€148.99
Available for download

Dirk Heirbaut
Redefining Codification
A Comparative History of Civil, Commercial, and Procedural Codes
E-Book
12/2024
OUP eBook
€148.99
Available for download
Person
Dirk Heirbaut is a senior full professor at Ghent University specialized in comparative legal history. His research covers medieval feudal and customary law, the comparative history of private law codifications, and Belgian private law since Napoleon. He is a member of the Royal Flemish Academy of Belgium for Science and the Arts and the Academia Europaea and was a founding vice-president of the European Society for Comparative Legal History. He has been a guest researcher and professor at various universities and received the Eike von Repgow Prize in 2014.
Content
1: Introduction 2: France 3: Germany 4: The Netherlands 5: Belgium 6: The Lack of an Ideal Code 7: A Comparative Legal History Method for Studying the Success and Failure of Draft Codifications 8: Actors: Drafters, Politicians, and Other Stakeholders 9: Aims: Do Ambitions Survive Contact with Reality? 10: Conclusion: Redefining the Concept of a Code