Katja Funken "The Trend Towards Converge S804151001 LA732 Comparative Legal Ess 1. The Trend Towards Codification The classic distinctive feature of the civil law he embodiment of general principles of law in a code, whereas the most important sources of law in Common Law jurisdictions are judicial case decisions. Although this observation is still valid one can detect a trend towards codification in many Common Law countries For instance Australia, England and the United States now have an extensive body of codes in the fields of bankruptcy, intellectual property, antitrust, banking regulation, securities and tax law As to the United States of America, Judge Calabresi observed in 1982 that the United States have entered the " age of statutes" and that statutes may be used as sources of aw beyond their terms Others have even drawn the conclusion that the interpretation of statutes is America's new"primary source of law". Many American cases are indeed concerned with the interpretation of statutes, such as the Bankruptcy Act or the Internal Revenue Code and in carrying out this task, court in the United States are basically using canons that have been developed by civilian methodology. Some states, such as California, even have complex civil codes. 0 See Mattei U, Comparative Law and Economics, University of Michigan Press, Michigan, 1997 at 01-21 See generally Calabresi G, A Common Law for the Age of Statutes, Harvard University Press Cambridge/Mass. 1985 7 See id. at 87 ee Eskridge WN, Frickey PP, Statutory Interpretation as Practical Reasoning,(1990)42 Stan. L Rev. 321, Herman S, The Fate and the Future of Codification in America, (1996)40 Am J Legal Hist 407, Rosen MD, What Has Happened to the Common law? Recent American Codifications and The Impact on Judicial Practice and the Law's Subsequent Development,(1994)Wis. L Rev. 1119 See Mank BC, Textualism's Selective Canons of Statutory Construction: Reinvigorating Individual Liberties, Legislative Authority, and Deferenc to Executive Agencies, (1998)86 Ky. L.527 at 528 Sunstein C, Interpreting Statutes in the Regulatory State, (1989)103 Harv. L. Rev. 40 Published, for instance by Parker Publications(Parker's 1997 California Civil Code: Within Excerpts from the legislative Council's Digest of New and Amended Code SectionsKatja Funken “The Trend Towards Convergence” S 804151001 LA732 Comparative Legal Essay 6 1. The Trend Towards Codification The classic distinctive feature of the Civil Law is the embodiment of general principles of law in a code, whereas the most important sources of law in Common Law jurisdictions are judicial case decisions. Although this observation is still valid, one can detect a trend towards codification in many Common Law countries. For instance Australia, England and the United States now have an extensive body of codes in the fields of bankruptcy, intellectual property, antitrust, banking regulation, securities and tax law.5 As to the United States of America, Judge Calabresi observed in 1982 that the United States have entered the "age of statutes" 6 and that statutes may be used as sources of law beyond their terms.7 Others have even drawn the conclusion that the interpretation of statutes is America's new "primary source of law". 8 Many American cases are indeed concerned with the interpretation of statutes, such as the Bankruptcy Act or the Internal Revenue Code and in carrying out this task, courts in the United States are basically using canons that have been developed by civilian methodology.9 Some states, such as California, even have complex civil codes.10 5 See Mattei U, Comparative Law and Economics, University of Michigan Press, Michigan, 1997 at 101-21. 6 See generally Calabresi G, A Common Law for the Age of Statutes, Harvard University Press, Cambridge/Mass., 1985. 7 See id. at 87. 8 See Eskridge WN, Frickey PP, 'Statutory Interpretation as Practical Reasoning', (1990) 42 Stan. L. Rev. 321, Herman S, 'The Fate and the Future of Codification in America', (1996) 40 Am. J. Legal Hist. 407, Rosen MD, 'What Has Happened to the Common law? Recent American Codifications and Their Impact on Judicial Practice and the Law's Subsequent Development', (1994) Wis. L. Rev. 1119. 9 See Mank BC, 'Textualism's Selective Canons of Statutory Construction: Reinvigorating Individual Liberties, Legislative Authority, and Deferenc to Executive Agencies', (1998) 86 Ky. L.J. 527 at 528, Sunstein C, 'Interpreting Statutes in the Regulatory State', (1989) 103 Harv. L. Rev. 405. 10 Published, for instance by Parker Publications (Parker's 1997 California Civil Code: Within Excerpts from the Legislative Council's Digest of New and Amended Code Sections)