Byzaiitiiiin, that in its turn hecanie the model for \er\’ main’ local histifuti's in Kurope in the 17th and 18th centuries. I'ollowing on, Iniropean codes, notahh' the r/r//of France, adopted in great measure the structure of these Uistitutcs!' d'he noticeably different Cierman BUrgcrlichcs Cn'sctzhiich \^oo follows the structure of the Saxon code, the Biirgcrlichcs Cn’sctzhucb fur das Köuigrcich Sachsai. 'This structure in its turn goes back to the books on Pandect law of which the earliest example of the structure is G.l 1. fleise whose Gruudriss dues Systems dcs gmncitim Civilnrhts zum Bebuf von Patulcktai-Wnics-uugcti was published in 1807. Fhe \’er\’ title shows that the book was intended for a law school audience. Pandects, fromthe Cireek for 'Digest,' was the name gi\en to the courses taught in Ciermany by Professors of Pandektenrecht. d'heir task was to teach modern (ierman law as it could be understood b}’ deliberateh’ misinterpreting when necessar\’ the Corpus luris Civilis, and making use of Cjermanic customary law. I'or the making of law, for the mystery of law, it is in the highest degree significant that student textbooks play an extremely intportant role in legal development." \lvsuggestion fromthis first conclusion is that anyone concerned with making the law whether as a legislator, judge or scholar should know the history of the existing law, including its ancient history and foreign history. It will not do simpvly to believe without examination that the existing rule, institution or concept was the best that could be achieved until now, but that changed circumstances, such as a wider community like the F.U., suggest that some modifications might be an improvement. 6 For the argument see Alan Watson, The Making of the Civil tarv(Cambridge, Mass., 1981), pp. 62ff.; 99ff. 7 See e.g., Watson, Making of the Civil Law, pp. i26ff. 8 See already Alan Watson, ’The Importance of Nutshells,' 42 American Journal of Comparative Law(1994), pp. iff. 167
RkJQdWJsaXNoZXIy MjYyNDk=