Epistemological considerations in private law: exploring taxonomical structures in the common law, civil law and beyond
Epistemological considerations in private law: exploring taxonomical structures in the common law, civil law and beyond
This paper aims to further the classification discourse by examining the importance and function of taxonomical structures in private law. The paper begins by considering the extent to which it is possible to develop, establish and maintain a classificatory scheme that constitutes a genuine reflection of the law and more generally, the value in searching for such coherence in law. The discourse developed within the paper is based on an assumption that there is a significant need for taxonomy, both within and beyond the boundaries of national law. This paper will introduce some of the issues which are of particular relevance at both the national level, through a consideration of taxonomy and classification in the development of the civil and the common legal traditions, and the transnational level, through an analysis of the attempts to develop legal taxonomy within the context of European private law (examining in particular, the Draft Common Frame of Reference).
454-478
Law, Stephanie
0778fc4b-cdf4-436e-9fcb-7f2ee2006ca4
1 December 2011
Law, Stephanie
0778fc4b-cdf4-436e-9fcb-7f2ee2006ca4
Law, Stephanie
(2011)
Epistemological considerations in private law: exploring taxonomical structures in the common law, civil law and beyond.
Maastricht Journal of European and Comparative Law, 18 (4), .
(doi:10.1177/1023263X1101800405).
Abstract
This paper aims to further the classification discourse by examining the importance and function of taxonomical structures in private law. The paper begins by considering the extent to which it is possible to develop, establish and maintain a classificatory scheme that constitutes a genuine reflection of the law and more generally, the value in searching for such coherence in law. The discourse developed within the paper is based on an assumption that there is a significant need for taxonomy, both within and beyond the boundaries of national law. This paper will introduce some of the issues which are of particular relevance at both the national level, through a consideration of taxonomy and classification in the development of the civil and the common legal traditions, and the transnational level, through an analysis of the attempts to develop legal taxonomy within the context of European private law (examining in particular, the Draft Common Frame of Reference).
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Published date: 1 December 2011
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Local EPrints ID: 508770
URI: http://eprints.soton.ac.uk/id/eprint/508770
PURE UUID: 86063bbf-d25e-4426-9ad4-8f810a278979
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Date deposited: 03 Feb 2026 17:38
Last modified: 04 Feb 2026 02:59
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