Redefining Codification: A Comparative History of Civil, Commercial, and Procedural Codes

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Dirk Heirbaut (Professor of Legal History, Professor of Legal History, Ghent University)

Redefining Codification

A Comparative History of Civil, Commercial, and Procedural Codes

Dirk Heirbaut (Professor of Legal History, Professor of Legal History, Ghent University)

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English

Oxford University Press
24 April 2025

Comparative law; Legal history; Civil procedure, litigation & dispute resolution; Private & Civil law: general works; Company, commercial & competition law

More than half of the world's population lives under law codes. Yet, defining the concept of codification remains elusive. Rather than delving into abstract theories, this book provides a rich and contextual comparative legal history of codes in France, Germany, the Netherlands, and Belgium from the late eighteenth century to the present.

The author starts by examining the evolution of French, German, Dutch, and Belgian codes in their political and comparative context, thus challenging deeply rooted national narratives. He covers the well-studied civil codes and the often-overlooked commercial and procedural codes and drafts that failed to become law. Against this backdrop, the book embarks on a comprehensive analysis of the factors contributing to the success or failure of codification efforts. Employing an innovative method of comparative legal history, Redefining Codification explores the key players and objectives behind codification, revealing that traditional notions of codification are far removed from reality. Following the deconstruction of some 'universal truths' about codifications, this volume offers fresh insights into the behind-the-scenes of the lawmaking machinery and an empirically based definition of codification.

By: Dirk Heirbaut (Professor of Legal History Professor of Legal History Ghent University)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 240mm, Width: 165mm, Spine: 32mm
Weight: 850g
ISBN: 9780198947363
ISBN 10: 0198947364
Pages: 480
Publication Date: 24 April 2025
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

Dirk Heirbaut is a senior full professor at Ghent University specialized in comparative legal history. His research covers medieval feudal and customary law, the comparative history of private law codifications, and Belgian private law since Napoleon. He is a member of the Royal Flemish Academy of Belgium for Science and the Arts and the Academia Europaea and was a founding vice-president of the European Society for Comparative Legal History. He has been a guest researcher and professor at various universities and received the Eike von Repgow Prize in 2014.