Codification, Consolidation, Restatement? How Best to Systemise the Modern Law of Tort.¶
Steele, J., & Arvind, T. (2008). Codification, Consolidation, Restatement? How Best to Systemise the Modern Law of Tort. International & Comparative Law Quarterly, 57.
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Primes¶
- Refactoring
- The codification project consolidates a sprawl of amendments into a clean restatement: the mutable internals are section numbering, definitions, and cross-references; the external contract is legal effect — what remains lawful or unlawful must not change — and the prime's deepest transfer is exact here, that the verification mechanism is a corpus of decided cases pinning what the law currently does, built first and re-run against the codified text, the legal analogue of a test suite.
This sourceExamines how to restate/codify a body of law while preserving its legal effect, including the role of decided cases as the benchmark against which a restatement's fidelity is checked — the legal analogue of building a case 'test suite' before codifying.
- The codification project consolidates a sprawl of amendments into a clean restatement: the mutable internals are section numbering, definitions, and cross-references; the external contract is legal effect — what remains lawful or unlawful must not change — and the prime's deepest transfer is exact here, that the verification mechanism is a corpus of decided cases pinning what the law currently does, built first and re-run against the codified text, the legal analogue of a test suite.
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