Poldnikov D.Yu. Codification in the Romano-Germanic Tradition in the 19th – 20th Centuries: From Mythologization to Rational Critique. Part 2
DOI: https://doi.org/10.15688/lc.jvolsu.2025.3.1
Dmitry Yu. Poldnikov, Doctor of Sciences (Jurisprudence), Associate Professor, Professor, Department of Legal Theory and Comparative Law, Moscow State Institute of International Relations (University) of the Ministry of Foreign Affairs of the Russian Federation, Prosp. Vernadskogo, 76, 119454, Moscow, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0002-2872-4540
Introduction: the sectoral codification of law in comparative studies is considered to be a unique and difficult achievement of the Western European legal culture of modern times, which in the 19th century defined and in many ways still defines the style of Romano-Germanic law. As a rule, codes are recognized as a triumph of a rational view of law, a pillar of its rational and legal legitimacy. However, is this really the truth? Are there any transcendental elements in the codification? The methodology of the paper implies the search for an answer to this question based on functional analysis, that is, the identification of statements about a codified law that are untrue and devoid of real consequences for the legal system. The purpose of the paper is to identify the legal myths that accompanied the development, adoption, interpretation, and application of Europe’s leading civil codes (FCC 1804 and GСС 1896). The author argues and substantiates that behind the rational facade of codification there are myths of the “sacred” authority of the code, its completeness and consistency, as well as the superiority of its abstract norms over the casuistry of case law. The conclusion of the paper is the thesis that these myths have been the ideological source of a law-centered, holistic legal system of nation-states in Europe since the 19th century and have also led to a wide reception of codes in a wide variety of non-Western jurisdictions (with the exception of common and customary law countries).
Key words: legal myth, rationality, codification, civil code, authority, comparative law.
Citation. Poldnikov D.Yu. Codification in the Romano-Germanic Tradition in the 19th – 20th Centuries: From Mythologization to Rational Critique. Part 2. Legal Concept = Pravovaya paradigma, 2025, vol. 24, no. 3, pp. 6-15. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2025.3.1
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