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Codification As A Sociohistorical Phenomenon Csaba Varga

  • SKU: BELL-7105746
Codification As A Sociohistorical Phenomenon Csaba Varga
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Codification As A Sociohistorical Phenomenon Csaba Varga instant download after payment.

Publisher: Elsevier
File Extension: PDF
File size: 19.31 MB
Pages: 431
Author: Csaba Varga
ISBN: 9789633619117, 9633619114
Language: English
Year: 2011

Product desciption

Codification As A Sociohistorical Phenomenon Csaba Varga by Csaba Varga 9789633619117, 9633619114 instant download after payment.

Codification is one of the most powerful techniques humanity has ever developed in order to objectify its law. At the same time, it is a  means of renewing attempts at reducing ius [the very idea of law] to lex [the positive law]. Enacting laws marks a temporal end to spontaneity in legal development by transforming the latter into the artificiality of programming human action through the means of planning. Codification stands for reason, and its efforts are to be interpreted in the wishful context of political and economic rationalization. Although
rationalization is the exclusive feature of modern law, germs may be detected equally in cultures of Common Law, medieval law, early law, aswell as primitive law.
Or, codification is a standard means for making the law public and available, as well as for recording the law in written texts. It is a tool known since the law’s early development.The fundamental task of codification in antiquity was the exclusion of any doubts in the presentation of the law, for example, the restoration by the Laws of HAMMURABI of the validity of ancient traditions in accordance with the prevailing interests of the ruler, declaration of law as the common body of rules for the social game by the Laws of Twelve Tables (at least  according to TITUS LIVIUS’ legend of its origin), and also as a halt of law’s previous development by the Codex JUSTINIANUS. In the medieval era, codification made possible the registration, recording, and uniform editing of the consolidated customs, adapted and brought up to date, prevailing in particular areas of customary law. In the modern era, the continued recording of recognised customs, the declaration of newly established national laws, the collection of an unambiguous body of law designated to be applicable by the sovereign power, as well as the activity of legal reform...

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