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Restatements And Non-State Codifications Of Private Law, Deborah A. Demott
Restatements And Non-State Codifications Of Private Law, Deborah A. Demott
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This paper offers a vantage point through which to assess the phenomenon of projects codifying private law that are undertaken by private persons or institutions, distinct from legislatures and state-sponsored codification and law-revision projects. The private institution on which this paper focuses is the American Law Institute (ALI). ALI works in statutory form—most notably the Uniform Commercial Code and the Model Penal Code—as well as through projects that generate “Principles” to guide legal development within their specific fields and “Restatements” that authoritatively cover the law in a field.
The history of the Restatements sketched in this essay fits within the …