This essay focuses on the process of the codification of civil law in continental Europe at the end of the XVIIIth century. In particular, it analyzes the philosophical background of such a process and its conceptual implication for the development of European legal culture. According to this analysis, codification was meant to build up civil society after the fall of Ancient Regime on the basis of the idea of liberty and equality. The pursue of this general project, however, brought about different models of legal socialization, which can be seen embodied, respectively, in the Prussian, French and Austrian civil codes.
The Many Faces of Legal Codification in Modern Continental Europe
CANALE, DAMIANO
2009
Abstract
This essay focuses on the process of the codification of civil law in continental Europe at the end of the XVIIIth century. In particular, it analyzes the philosophical background of such a process and its conceptual implication for the development of European legal culture. According to this analysis, codification was meant to build up civil society after the fall of Ancient Regime on the basis of the idea of liberty and equality. The pursue of this general project, however, brought about different models of legal socialization, which can be seen embodied, respectively, in the Prussian, French and Austrian civil codes.
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