The Sceptical Mind – Towards a New European Ius Commune?
The Sceptical Mind – Towards a New European Ius Commune?

Summary/Abstract: When it comes to the current Europeanisation of private law, it is little surprise that those, who – referring to Savigny – stress the necessity of an organic legal development, refer to the learned ius commune as historical role model, which had once been pushed back inter alia by the un-beloved codification movement. This essay provides an alternative view on the relationship between the ius commune and current developments in European private law by accentuating the fundamental structural differences between both concepts. It claims that a ‘sceptical’ historical approach might be more useful for the future of Europe than the myth of a ‘paradise lost’.

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