TY - JOUR
T1 - ‘Taking (Legal) Traditions Seriously, or Why Australian Contract Law Should Not Be Codified
T2 - An Unconventional Inquiry
AU - Siliquini-Cinelli, Luca
PY - 2015
Y1 - 2015
N2 - This paper is concerned with the question of whether or not Australian contract law should be codified. Whilst analysing the 2012 Attorney General’s Discussion Paper on this matter, the present contribution investigates in particular what codification is really about by adopting a comparative and interdisciplinary approach that transcends the limits of pure analytical and positivistic lines of inquiry and reaches the boundaries of legal systemology, legal ontology, legal anthropology, biopolitics, and the geopolitics of law. The aim is to demonstrate that the mythical and yet powerful divide that still characterises law’s ontological signification in the Civil and Common law traditions makes the attempt to encapsulate Australian contract law within a constructivist ‘corpus’ juris not only inappropriate, but also misleading and dangerous.
AB - This paper is concerned with the question of whether or not Australian contract law should be codified. Whilst analysing the 2012 Attorney General’s Discussion Paper on this matter, the present contribution investigates in particular what codification is really about by adopting a comparative and interdisciplinary approach that transcends the limits of pure analytical and positivistic lines of inquiry and reaches the boundaries of legal systemology, legal ontology, legal anthropology, biopolitics, and the geopolitics of law. The aim is to demonstrate that the mythical and yet powerful divide that still characterises law’s ontological signification in the Civil and Common law traditions makes the attempt to encapsulate Australian contract law within a constructivist ‘corpus’ juris not only inappropriate, but also misleading and dangerous.
UR - https://heinonline.org/HOL/Page?collection=journals&handle=hein.journals/qland34&id=1&men_tab=srchresults
M3 - Article
SN - 0083-4041
VL - 34
SP - 99
EP - 122
JO - University of Queensland Law Journal
JF - University of Queensland Law Journal
IS - 1
ER -