Professor Dirk Heirbaut is one of the leading legal historians in Europe, and he has worked extensively on the history of modern codifications. Heirbaut has recently published the book Redefining Codification. A Comparative History of Civil, Commercial and Procedural Codes.
The abstract of the guest lecture is as follows:
“I explore the complex history and definition of codification in continental Western Europe, focusing on France, Germany, Belgium, and the Netherlands from the late 18th century to the present. I examine the factors that determine the success or failure of draft codes, challenging traditional idealistic perceptions of codification. By using a comparative legal historical approach, my study reveals that successful codes are not defined by their scholarly quality or innovative nature, but by more pragmatic characteristics. My research methodology emphasizes studying both successful and unsuccessful codification efforts to avoid selection bias. Key findings suggest that successful codes emerge from a modest approach, where drafters and politicians share a consensus (often rooted in nationalism), have limited ambitions, and are willing to compromise. I argue that the ideal of an accessible, comprehensive, systematic and innovative code is largely a myth, and codes should instead be viewed as frameworks that bring order to law and serve legal professionals. I conclude with a nuanced definition of a code as legislation covering a major part of law, introducing some modifications and providing a new framework for legal development. I warn against overgeneralizing these findings and suggest they should be seen as an inspiration, though not more than that, for further research, particularly for understanding codification efforts in different contexts.”
Registration
Please register by 20 May.