The Making of Legal Authority: Non-legislative Codifications in Historical and Comparative Perspective
Accounts of the nature of legal authority typically focus on the authority of officially sanctioned rules issued by legally recognised bodies - legislatures, courts and regulators - that fit comfortably within traditional state-centred concepts of law. Such accounts neglect the more complex processes involved in acquiring legal authority.
Throughout the history of modern legal systems texts have come to acquire authority for legal officials without being issued by a legislature or a court. From Justinian's Institutes and Blackstone's Commentaries to modern examples such as the American Law Institute's Restatements and the UNIDROIT Principles of International Commercial Contracts academic codifications have come to be seen as legally authoritative, and their norms applied as such in courts and other contexts.
How have such texts acquired legal authority? Does their authority undermine the orthodox accounts of the nature of legal systems? Drawing on examples from Roman law to the present day, this book offers the first comparative analysis of non-legislative codifications. It offers a provocative contribution to the debates surrounding the harmonisation of European private law, and the growth of international law.
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20th century academic Acquis American Law Institute American Restatements applicability arbitration basic reference text Bonell Buch’sche Glosse Canon law Civil Code commentaries Committee Proposing common law comune concept of law context Corpus iuris civilis courts DCFR Decretum Gratiani Dicey discussion doctrinal drafted Eike von Repgow European Contract Law European private law factors formal presentation fu¨r further references German global Glossa ordinaria H.L.A. Hart Hence historical idea Institute’s International Restatement ius commune Jansen jurists Kannowski Lando Commission lawyers legal argument legal authority legal discourse legal practice legal profession legal system legal texts lex mercatoria medieval modern non-legislative codifications normative ofLaw Palandt passim PECL PICC PICC-Commentary/Michaels PICC-Commentary/Vogenauer political domination Preamble professional Proposing the Establishment regarded Roman law rule of recognition Sachsenspiegel Saxon Mirror scholarly scholars seen sources sovereign’s standard glosses state’s Study Group text’s textual authority transnational UNIDROIT Principles Zimmermann