Document Type
Article
Publication Date
2022
DOI
https://doi.org/10.1017/elo.2022.19
Abstract
Capital, I argue in ‘The Code of Capital: How the Law Creates Wealth and Inequality’, is coded in law. Legal coding is a process that adapts and molds formal law over time, often without explicit ex ante sanctioning by a legislature or a court. Several characteristics of formal law make it susceptible to coding, including its inherent incompleteness, the strong endorsement for private autonomy, and decentralised access to a state’s consolidated means of coercion. Would a progressive European Code of Private Law (EPL-code), as proposed by Hesselink, alter any of this and what would it take to ensure that the principles enshrined in this code would in fact be realised? These are the questions I will address in this short essay.
Disciplines
European Law | Law
Recommended Citation
Katharina Pistor,
Legal Coding Beyond Capital?,
1
Eur. L. Open
344
(2022).
Available at:
https://scholarship.law.columbia.edu/faculty_scholarship/3751