research will be undertaken in the coming years. Therefore the author welcomes all informed reactions at M.Antokolskaya@law.uu. nl Contents Introduction 1. The Catholic West and the Orthodox east: The formation of a uniform med ieval canon of family law 2. From pre-Christian law via canon unification to modern times: A helical process? 3. The medieval dogmas: Obstacles to modern person-orientated family law 4. From the med ieval uniform law to the diversity of modern times: Difference in timing resemblance in substance Literature Introduction Last year, I was asked to make a contribution to a report for the Netherlands Comparative Law Association on the prospects for the harmonisation and unification of family law in Europe. 2 This obliged me to scrutinise the stereotype argument that harmonisation and unification of family law is unfeasible because of unbridgeable historical and cultural differences between the various European countries. Going back in time in search of the roots of the diversity of current family law in Europe, I became highly interested in the correlation between the level of modernisation of family law and the influence of concepts inherited work I strongly rely 3 What I suggest in this article is that this correlation is the key to e from medieval canon law. This correlation has been noticed by several scholars, on who important insights into the historical development of family law in Europe that allow a fund amental re-evaluation of the aforementioned argument of unbridgeable differences. I will devote some special attention to the post-Revolutionary reforms in Russia, because I have noticed that many attempts to explain the development of family law do not include them, or treat them as excesses, and place them outside explanatory theories. I think that Russian post-Revolutionary developments can and should be placed within an explanatory framework, and i will try to show how they can fit within such a framework. I should mention that, at the moment, my work on this subject is in a rather preliminary stage. The suggestions I make in this article are based on a preliminary study which has inspired me to undertake more extensive research in the coming years What i will submit can be summarised as follows 1. The family law of the whole European continent before the Reformation was mainly uniform canon law. It consisted of two separate systems, Catholic and Orthodox which in fact were very much alike. The unification of canon family law in the Catholic part of Europe was achieved around the 12 th century, and brought about dramatic changes. In Orthodox Europe, the process of unification, although more spread out in time, led to almost the same results 2 Antokolska ia, De Hondt and Steenhoff( 1999) SE. g, Duby (1985), Goody(1983), Glendon(1989)and Rheinstein(1972)research will be undertaken in the coming years. Therefore the author welcomes all informed reactions at M.Antokolskaya@law.uu.nl Contents Introduction 1. The Catholic West and the Orthodox East: The formation of a uniform medieval canon of family law 2. From pre-Christian law via canon unification to modern times: A helical process? 3. The medieval dogmas: Obstacles to modern person-orientated family law 4. From the medieval uniform law to the diversity of modern times: Difference in timing, resemblance in substance Conclusion Notes Literature Introduction Last year, I was asked to make a contribution to a report for the Netherlands Comparative Law Association on the prospects for the harmonisation and unification of family law in Europe.2 This obliged me to scrutinise the stereotype argument that harmonisation and unification of family law is unfeasible because of unbridgeable historical and cultural differences between the various European countries. Going back in time in search of the roots of the diversity of current family law in Europe, I became highly interested in the correlation between the level of modernisation of family law and the influence of concepts inherited from medieval canon law. This correlation has been noticed by several scholars, on whose work I strongly rely.3 What I suggest in this article is that this correlation is the key to important insights into the historical development of family law in Europe that allow a fundamental re-evaluation of the aforementioned argument of unbridgeable differences. I will devote some special attention to the post-Revolutionary reforms in Russia, because I have noticed that many attempts to explain the development of family law do not include them, or treat them as excesses, and place them outside explanatory theories. I think that Russian post-Revolutionary developments can and should be placed within an explanatory framework , and I will try to show how they can fit within such a framework. I should mention that, at the moment, my work on this subject is in a rather preliminary stage. The suggestions I make in this article are based on a preliminary study which has inspired me to undertake more extensive research in the coming years. What I will submit can be summarised as follows: 1. The family law of the whole European continent before the Reformation was mainly uniform canon law. It consisted of two separate systems, Catholic and Orthodox, which in fact were very much alike. The unification of canon family law in the Catholic part of Europe was achieved around the 12th century, and brought about dramatic changes. In Orthodox Europe, the process of unification, although more spread out in time, led to almost the same results. 2Antokolskaia, De Hondt and Steenhoff (1999). 3E.g., Duby (1985), Goody (1983), Glendon (1989) and Rheinstein (1972)