Article by Jürgen Basedow
In the more recent development of private law, attempts at codification reaching beyond the boundaries of single jurisdictions can be ascertained. Such attempts are not limited to Europe, although European scholars have been particularly active and innovative in this field recently. In this Article, the author tries to explore the possibilities and limits of such transjurisdictional codification. After defining the subject and the context between codification and constitutional powers in Part I, Part II takes stock of codification activities that cover more than one jurisdiction. A closer look at the functions of codification in a legal system at large in Part III allows for an assessment of its utility at both the level of the single jurisdiction and at the transjurisdictional level. Finally, this analysis leads to an evaluation of the several projects, in Part IV.
About the Author
Jürgen Basedow. Prof. Dr. Dr. h.c. Jürgen Basedow, LL.M., Harvard University. Director, Max Planck Institute for Comparative and International Private Law, Hamburg, and Professor of Law at the University of Hamburg, Germany.
Citation
83 Tul. L. Rev. 973 (2009)