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Author:   Julie Rocheton
Publisher:   Brill
Imprint:   Martinus Nijhoff
Volume:   66
Weight:   0.607kg
ISBN:  

9789004689961

ISBN 10:   9004689966
Pages:   272
Publication Date:   06 March 2024
Audience:   College/higher education ,  Postgraduate, Research & Scholarly
Format:   Hardback
Publisher's Status:   Active
Availability:   Available To Order  
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Table of Contents

Acknowledgements List of Illustrations Abbreviations Codification Introduction   In Search of a Definition of the Civil Code   Methodology   Bibliography Part 1  Introduction to Part One. Contextualizing Codification   Nineteenth-Century Codification—Paradigm Shifts   Civil Codes in a Global Context   Codification in the US Context 1 Not a Movement, but a Discussion The National Codification Framework  1.1 Grasping the Common Law  1.1.1 Common Law versus Rationalization Science  1.1.2 Archaisms within the Common Law  1.1.3 The Uncertainty of Common Law Rules  1.1.4 A Common Law of Uncertain Shape  1.2 Emancipation from Common Law  1.2.1 Liberation from English Legacy  1.2.2 Codification as Liberation from the Legal Profession  1.3 Codifier Jeremy Bentham and the United States  1.4 Concluding Remarks: Was There an American Codification Movement? 2 The Development of Private Law Codification in the US States  2.1 The Most Famous US Civil Codes: the Civil Codes of Louisiana  2.1.1 The Survival of Civil Law in Louisiana  2.1.2 The Evolution of the Civil Codes of Louisiana during the Nineteenth Century  2.2 Common Law Civil Codes in Nineteenth-Century United States  2.2.1 The States of Georgia and New York: One Year, Two Civil Codes, Two Models  2.2.2 The Afterlives of the Civil Code of New York Part 2 3 Creating a Fertile Ground for Codification  3.1 Official Legal Justification behind Codification  3.2 State Institutions as Factors Influencing Codification  3.2.1 The Impact of the Colonial Tradition  3.2.2 The Direct Link between Codification and the Age of the State  3.2.3 Civil Codes and Political Parties  3.3 Population Migration Patterns and Civil Codes  3.4 No Civil Code without a Man  3.4.1 The Civil Codes: a Fuel for Dispute between Influential Men  3.4.2 The Civil Codes, Legal Tools Advocated by Individual Men  3.4.3 The Field Network  3.5 Concluding Remarks 4 Inside the US Civil Codes  4.1 The Sources of Nineteenth-Century US Civil Codes  4.1.1 The Civil Codes of Louisiana  4.1.2 The Sources of a Code Like No Other, the Code of Georgia  4.1.3 Sources of the Civil Code of New York and Its Heirs  4.1.4 Comparative Study of the Use of Different Sources within the US Civil Codes  4.2 The Shape of US Civil Codes  4.2.1 Analysis of the Form of Civil Code Articles: Syntax and Type of Provisions  4.2.2 Bilingualism and the Special Case of Louisiana  4.2.3 The Structure of the Civil Codes: an Assertion of US Uniqueness Part 3 5 One Nation, Distinct Conceptions of Codification  5.1 US Civil Codes: Compilation, Innovation, and Recodification  5.2 The Circulation of the Civil Codes and the Snowball Effect  5.3 The American Dictionaries and Codification 6 The Civil Codes in Action  6.1 The Codification Process within the States, a Legal Turn  6.1.1 The institutional Mechanics of Codification  6.1.2 The Code Commission and Commissioners  6.1.3 The Submission of Codes and Their Possible Adoption  6.2 The Peripheral Articles of the Codes  6.2.1 The Establishment of the Interpretation of the Code  6.2.2 The Abrogative Articles in the Civil Codes  6.3 The Application of the US Civil Codes  6.3.1 A Civil Code: the Main and Exclusive Source of Private Law in Louisiana  6.3.2 The Common Law Codes as Subsidiary Sources of Law  Conclusion Timetable Appendix Index

Reviews

"The press about volume 1 in the series: ""[The book] succeeds as an excellent point of entry to what at times can seem like a highly complex subject. [..] [The editors] and their fellow contributors have undoubtedly got the new series off to the strongest possible start."" – Warren Swain, The Edinburgh Law Review"

Author Information

Julie Rocheton, Ph.D. (2021), Universitat de València, Master in Legal History (2013), Université Pantheon-Assas, is a postdoctoral researcher at the Max Planck Institute for Legal History and Legal Theory in Frankfurt am Main, Germany.

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