Interpreting Codes

Frier, Bruce W.

Journal: Michigan Law Review

Volume: 89

First Page: 2201

Year: 1991

Bluebook Citation: 89 MICH. L. REV. 2201 (1991)

Author: Bruce W. Frier: all 3 publications


Abstract

Large systematically codified bodies of law, such as the European codes or the UCC, gradually effect, or at least encourage, a different kind of legal culture, in which, as such codes are integrated within a national legal heritage, general clauses and principles become more salient within an expanded interpretive community. Because of the open texture of their rules, codes foster an altered legal posture; ancient judicial vigilance against the intrusive legislation may give way to a new ethos of cooperation in the development of law. To be sure, it remains uncertain whether the resulting law will be, in fact, "better," or even more uniform.

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