Matthias E. StormeFull professor KU Leuven, Institute for commercial and insolvency law

Symposium “200 years Savigny and Thibaut. The Codification Debate Revisited”Maastricht 10 Oct. 2014

6 Perspectives

1. Equality v. organicism2. Innovation v. continuity3. Legitimacy4. Transparency v. flexibility5. Digestion or inclusion6. Territoriality

Sir Edward Coke

• ‘causes which concern life, or inheritance, or goods, or fortunes of (subjects) are not to be decided by natural reason, but by the artificial reason and judgment of law, which law is an act which requires long study and experience before a man can attain to the knowledge of it’

• (Prohibitions del Roy)

Antonin Scalia

• ‘The Constitution is meant to protect against, rather than conform to, current ‘widespread belief’

• Maryland v. Craig, 27 juni 1990