THE STRUCTURE OF THE NEW EUROPEAN PRIVATELAW rights entails responsibilities and duties with regard to other persons, to the human community and to future generations There is yet another level. Some parts of the private hw which is applicable in the Member States of the European Union are dealt with on a global level. For example, the most important contract is dealt with, as regards international cases, on a world-wide scale in the United Nations Convention on contracts for the Intemational Sa le of Goods(CISG)(Vienna, 1980). This convention has now been ratified by 61 countries all over the world- Therefore, it is very unlikely, also from the perspective of the hierarchy of sources of aw, that all(or even most)of the private a applicable in Europe will be dealt with on the same level of governance, let alone in one single European civ il code. Private aw (like public law) will rather continue to be dealt with on various levels including(as a result of globalisation)increasingly on a world-wide level. This means that control over the development of private law will increasingly be in the hands of various institutions. This will inevitably have some consequences for our hopes of normative integrity(within and among each of the levels Integrity Tod The use of codes is based on the assumption that it is possible to derive right answers to questions of law relating to specific cases from the words and the system of the code. This assumption also underlies the use of statutory rules generally. However what is typical of a code is that it is more comprehensive(it deals with a greater part of the law)and it is usually more systematic: not merely a set of articles, but a system which itself has a nomative meaning. However, today, n en deplaise Ronald Dworkin, there is increasing scepticism with regard to the possibility to deduce right answers for concrete cases from abstract rules and general principles(rule scepticism), also in Europe. According to some observers this is the majority view today. The most radical sceptical view conceming a European Civil Code would therefore be that it would be completely useless to enact any code at all Of course, (nomative)integrity is a highly important characteristic of any legal rder, because it is ultimately based on the fundamental value of equa lity. That value is deeply embedded in the European tradition. See for example art. 14 ECHR and more recently ChapterIll of the European Charter. Therefore, an argument in favour of a code could be that it would express the aspirations of a legal order to attain normative integrity, without necessarily believing that the mere enactment of such a code would n itself lead to(or even enhance )normative integrity. It would have the (rhetorical) function of a symbol which shows that the legal community does still elieve in this great idea and does not surrender, in a post-modem sceptical way, to infinite fragmentation of the lay A less radical sceptic would therefore advise the drafting and enactment of a See UNgtrAL Status of Conventions and Model Laws, update 14 March 2002(see 30 ee especally hs Law s Empire, London 1986 See in the Netherlands J M BARENDRECHT, Doormuren kijken; suggesties voor hervomingTHE STRUCTURE OF THE NEW EUROPEAN PRIVATE LAW 9 rights entails responsibilities and duties with regard to other persons, to the human community and to future generations. There is yet another level. Some parts of the private law which is applicable in the Member States of the European Union are dealt with on a global level. For example, the most important contract is dealt with, as regards international cases, on a world-wide scale in the United Nations Convention on Contracts for the International Sale of Goods (CISG) (Vienna, 1980). This convention has now been ratified by 61 countries all over the world29 . Therefore, it is very unlikely, also from the perspective of the hierarchy of sources of law, that all (or even most) of the private law applicable in Europe will be dealt with on the same level of governance, let alone in one single European civil code. Private law (like public law) will rather continue to be dealt with on various levels including (as a result of globalisation) increasingly on a world-wide level. This means that control over the development of private law will increasingly be in the hands of various institutions. This will inevitably have some consequences for our hopes of normative integrity (within and among each of the levels). 6 Integrity Today The use of codes is based on the assumption that it is possible to derive right answers to questions of law relating to specific cases from the words and the system of the code. This assumption also underlies the use of statutory rules generally. However, what is typical of a code is that it is more comprehensive (it deals with a greater part of the law) and it is usually more systematic: not merely a set of articles, but a system which itself has a normative meaning. However, today, n en déplaise Ronald Dworkin30, there is increasing scepticism with regard to the possibility to deduce right answers for concrete cases from abstract rules and general principles (rule scepticism), also in Europe. According to some observers this is the majority view today31. The most radical sceptical view concerning a European Civil Code would therefore be that it would be completely useless to enact any code at all. Of course, (normative) integrity is a highly important characteristic of any legal order, because it is ultimately based on the fundamental value of equality. That value is deeply embedded in the European tradition. See for example art. 14 ECHR and, more recently Chapter III of the European Charter. Therefore, an argument in favour of a code could be that it would express the aspirations of a legal order to attain normative integrity, without necessarily believing that the mere enactment of such a code would in itself lead to (or even enhance) normative integrity. It would have the (rhetorical) function of a symbol which shows that the legal community does still believe in this great idea and does not surrender, in a post-modern sceptical way, to the infinite fragmentation of the law. A less radical sceptic would therefore advise the drafting and enactment of a 29. See UNCITRAL Status of Conventions and Model Laws, update 14 March 2002 (see www.uncitral.org). 30. See especially his Law s Empire, London 1986. 31. See in the Netherlands J.M. BARENDRECHT, Door muren kijken; suggesties voor hervorming van de civiele cassatierechtspraak , NJB 2002, p. 297