apparentl\’ minor error is crucial to this chapter, and to the cn erreaching issue in this hook. I'here is a real difTicult\' for the formation of a new civil code ox a ins commune ^ox Europe. The problem is not so much differences in technical legal rules, hut in attitudes of lawyers. The thought processes inspired in hVench lawyers h\’ the code civil are \'erv different fromthose aroused in Ciermans by the Biirgerlichcs Cicsctzhncb. .\nd there is the incomprehensible attitude of hbiglish lawyers. And there is Scots law with its mixture of European civil law and luiglish common law, and its own indigenous elements. 1 have chosen in this chapter to highlight the issue by looking at extreme examples for incomprehension of a foreign sy stem. But the pnjblemis similar for modern Europe, though disguised bv apparent likenesses. Indeed, the more alike the swstems seem, the greater are the problems caused bv misconceptions. I It often happens that persons with a law job to do are in a quandary. 'Ehere is nothing satisfactor\’ the\’ can do. Often judges do not know what to decide, but they are nowhere permitted to render the judgement "I do not know." At times law allows for concessions in such and similar dilemmas. (And I use the abstraction, "law allows" deliberately to a\ oid gi\ ing precision to the process). It permits use to be made of what I want to call "d'he East Best Cdiance." I use the termbecause I have found none better. What we have is a dodge but the dodge cannot be admitted-that would destroy the gra\ itv of the law. The court cannot sa\' "'Eo resolve our perplexity, we leave e\ ervthing to chance. Eet us throw the dice." Rather, the dodge, the figurativ e throwing of the dice, is imbued with particular solemnity. 124
RkJQdWJsaXNoZXIy MjYyNDk=