Editorial: Burying the Hatchet Between Common and Civil Law Drafting Styles in Europe

Author: Xanthaki Helen  

Publisher: Hart Publishing

ISSN: 1752-1467

Source: Legisprudence, Vol.6, Iss.2, 2012-10, pp. : 133-148

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Abstract

The hypothesis is that, at least in Europe, there is a noted convergence between common and civil law legislative drafting extending from conceptual approaches to actual drafting conventions. The comparative analysis of [statutory] interpretation, modern doctrine of precedent, and drafting rules and conventions in the common and civil laws of Europe paint a clear picture approximation and convergence, to the point where the sacred civil versus common law dividing wall is now critically shaken.