‘Taking (Legal) Traditions Seriously, or Why Australian Contract Law Should Not Be Codified: An Unconventional Inquiry

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Abstract

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.
Original languageEnglish
Pages (from-to)99-122
JournalUniversity of Queensland Law Journal
Volume34
Issue number1
Publication statusPublished - 2015

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