Law Commons^™

A Government Of Laws Not Of Precedents 1776-1876: The Google Challenge To Common Law Myth, James Maxeiner

James R Maxeiner

Conventional wisdom holds that the United States is a common law country of precedents where, until the 20th century (the “Age of Statutes”), statutes had little role. Digitization by Google and others of previously hard to find legal works of the 19th century challenges this common law myth. At the Centennial in 1876 Americans celebrated that “The great fact in the progress of American jurisprudence … is its tendency towards organic statute law and towards the systematizing of law; in other words, towards written constitutions and codification.” This article tests the claim of the Centennial Writers of 1876 and finds …

Translation, Codification And Transplantation Of Foreign Laws In Taiwan, Tay-Sheng Wang National Taiwan University College Of Law

Tay-sheng Wang National Taiwan University College of Law

Taiwan is an excellent example to rethink the significance of translation and codification of law in the process of the transplantation of modern law in the East Asian countries. Regardless of its strangeness to the general public, the translation of Western laws was always codified for the purpose of “receiving” modern law in Meiji Japan. Those Japanese Westernized legal codes were also taken into effect in Taiwan during the later period of Japanese colonial rule, although Japanese colonialists initially applied the Taiwanese customary law, created by Western legal terminology, to the Taiwanese for decreasing their resistance to the new regime. …

Legal Engineering In Israeli Law: Codification And Unification Of The Law Of Remedies, Dr. Yehuda Adar

Yehuda Adar Dr.

Legal engineering is the process of designing, constructing and finally implementing means to influence the development of a legal system. In Israel, a relatively young legal system, the concepts of legal engineering and comparative law are deeply interconnected. This interconnection is best reflected in the area of private law. The development of this area of the law, almost since the very inception of the State of Israel, has been characterized by a careful and attentive examination of foreign legal regimes, national and supra-national alike. This was done with the explicit intention of benefiting from the wisdom and experience of older, …

Remedies For Breach Of An Obligation: A Look At The Remedies' Section Of The New Israeli Civil Code, Dr. Yehuda Adar, Prof. Gabriela Shalev

Yehuda Adar Dr.

-This article is in Hebrew-

The remedies section in the new Israeli draft civil code is an endeavor to create a unified law of remedies, applicable to all branches of civil and commercial law, including torts and breach of contract. This article explores the main innovations included in the remedies section. It opens with a short overview of the status of the law of remedies in modern times, and the debate over the justification for unifying it. Then, in the remainder of the article, the authors examine the various changes, in terms of both structure and substance, reflected in the …