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With the enactment of the codifications this began to change. 2 But it had always been clear that these were merely regional or national variations of a common theme: different manifestations of one and the same legal tradition. There had been signs of such fragmentation at the time of the usus modernus pandectarum in the seventeenth and eighteenth centuries when the ‘institutional’ writers had no longer discussed Roman law as such but Roman-Dutch or Roman-Scots law, ius romano-hispanicum or ius romano-saxonicum. They have, however, significantly contributed to the national fragmentation of the European legal tradition: for codification constitutes a piece of legislation which is applicable only within the confines of the territory for which the body responsible for legislation is competent to legislate. 1 Obviously, some of the more naive expectations entertained by intellectuals of the Age of Enlightenment have not been fulfilled: the codifications have neither made the learned lawyer redundant, nor have they led to a lasting consolidation (or ossification) of private law.

The codification of private law from the late eighteenth century onwards is regarded, very widely, as a turning point in the development of private law in Europe.

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(2006) Oxford U Comparative L Forum 1 at .ac.uk | How to cite this article

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