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Rationalist natural law brought a new philosophy to the ethical, political and legal thought of the seventeenth and eighteenth centuries. In this paper I examine the incidence of iusrationalism in coding. The principles and methods of natural law, taken from the natural sciences, will mark the new science of legislation. Attention shifts from medieval political voluntarism to enlightened legal individualism. I review the contributions of the main representatives of the school of natural law to the elaboration of the codes. The meeting between natural law, based on faith in human reason to know, and the political program of the Enlightenment bequeathed a way of doing and thinking about the law of which we are still heirs today. [ABSTRACT FROM AUTHOR]

The Book of Regulations of 1868 seems to have been the first comprehensive and printed collection of administrative instructions of general application from crown counsel in crown office, as representatives of centralised government, for implementation by procurators fiscal in the sheriff courts. The latter, acting locally, were engaged in the actual investigation of crime within the Scottish system of public prosecution. The comprehensive contents of the book, a benchmark in its own right, established the mode of investigating serious crime and reporting it for consideration for prosecution, and brought up to date a collection of relevant statutory authorities without subsuming or compromising Scottish autonomy in these matters, nor any closer association with comparable institutions in England. [ABSTRACT FROM AUTHOR]

The official objective of the Romanian Administrative Code was to unify the legislation in the field of public administration. The idea of such a legislative codification was born in 2001, but the draft of the normative act which is the Romanian Administrative Code was introduced in public debate only in November 2016. The fact that there have been several general parliamentary elections along this lengthy debate, has led to a series of changes to this draft law that call into question the ultimate goal of this codification, ending with the declaration of the non-constitutionality of the normative act draft. [ABSTRACT FROM AUTHOR]

The article focuses on the efforts of the U.S. Appellate Courts in applying the deviates materially standards for the review of the arbitral awards. Topics discussed include legislature adoption of the deviates materially standards, rules of the court for applying the review standards and role of the courts in fulfilling the purpose of the formed statutes and laws. It further discusses the method applied by the courts for fulfilling the standards up to the Legislature's intent.

If one looks at the beginning of the Austrian ABGB, one finds a so-called "Einleitung", ie. introduction, first. Those introductions are the expression of a conflict about judicial policy starting to gain momentum in the second half of the 18th century and dominating relations between the monarchic legislator and the judiciary until the second half of the 19th century. Beneath the change towards a codified law since the late 18th century is the demand of the state to from now on create the law on its own. The judiciary was allocated the mere role of a purely norm-applying instance. In this article, it is shown which conflicts between politics and judiciary resulted from this view and how the state tried to discipline the judiciary. [ABSTRACT FROM AUTHOR]

The article focuses on the purpose and origin of the law reform commission of Scotland. It informs that the Scottish law reform commission serves the purpose of drafting or redrafting a civil code, new insolvency law, and other laws. It discusses several functions of the Law Commission under the Law Commissions Act 1965 including law reformation, revising statute law, and codification. The commissions are thought of dealing with private law only but there is no such restriction in the Act.

Serbia as a member of the Kingdom of Yugoslavia had the Law on General Administrative Procedure since 1930, only five years after Austria who was the first country in the world which codified administrative procedure 1925. This Law was applicable till the end of the World War II. A socialist Yugoslavia adopted its first law on general administrative procedure in 1956. This Law was amended several times, but never substantial. Instead, they carried out minor changes and amendments to this Act, mostly concerning only terminology. [ABSTRACT FROM AUTHOR]

The main purpose of this article is to illustrate how the law-making process works under the effects of the globalization. The globalization affects this process very deeply as it affects every aspects of our daily lives. For instance, today's law-makers have to examine other countries' legislations very carefully before putting any rules since these legislations can help them to find a better solution for the exactly the same problems. Some lawmakers exploit this duty by adopting foreign rules without investigating their real harmony to the legal system. This never ends up well for the whole society. As a result, law-making process is a very serious job and it needs to be explained properly. [ABSTRACT FROM AUTHOR]

This paper tries to describe theoretically some of the numerous questions regarding the marriage in Justinian's time (525-565). By finishing the work of his predecessors (Gregorian, Hermogenian, Theodosius), Justinian codified the whole of Roman law. Of course, when we speak about Justinian, we also have in mind Tribonian and other members of his team. He introduced many innovations in family, i.e. marital relations: cognate kinship (blood kinship) replaced agnate kinship; the head of a family had no more „right of life or death“ (ius vitae ac necis) over the family members; marriage was reformed and a lot of restrictions were abolished as well as many pagan rituals involved in the act of getting married, and the divorce was no more „duty but right“. Under the influence of Christianity that was spread in the first century among slaves and the poor and the moral purity that had been preached by Christianity - Justinian continued the policy of his predecessors (August, Constantine, Theodosius) towards strengthening marriage and family. Even in the period of spreading Christianity across the Roman Empire, ancient Roman religious rituals were becoming less common due to decreased importance of religion and ethics. Roman legislation in that period did not insist on formalities in the process of getting married; it insisted on a mutual agreement of a bride and bride-groom and after that the marriage was contracted as a „legal union“ - consensus facit nuptias - as the Romans said. In the Justinian time, although the marriage was under a great influence of Christianity, it required no church blessing for a contracted marriage. That condition will be introduced by Leo the Wise in the 9th century for the Eastern Roman Empire. According to Justinian, a marriage is „the relationship of a husband and wife that contains permanent life community“. The procedure and the attached activities that accompany the act of getting married (engagement, dowry, premarital gift, prenuptial contract or instrimentum dotale, for the persons of higher classes) were contained in the provisions of Institution, Digest, Codex and Novellae and these have been referred to in the discussion about the topic in questions. Historical, comparative, legal and dogmatic methods have been used for the purpose of producing this paper. CONCLUSION: An analysis of provisions from the mentioned parts of Justinian's codification has lead us to a conclusion that they were the foundations for matrimonial legislation (with respect to both concluding marriage and divorce) in most states of the former Byzantine empire. Even today, only a secular marriage concluded before relevant state authorities is considered to be valid. Those wishing to be married in church are free to do so in the presence of the clergyman in charge, but this act has no legal effect. [ABSTRACT FROM AUTHOR]

The functional usefulness and need of drafting manuals as a method of harmonization of drafting conventions at the national level has often been linked to the civil versus common law legal traditions. This article places the balance between the virtue of homogeneity of style of national laws (and thus certainty in the law) and dynamism of drafting conventions as legal norms (and hence modernization and approachability) beyond the civil versus common law divide. If drafting is a discipline of law, then it is a form of phronesis. And the series of subjective choices of appropriateness made by the drafters in the course of their work can only be assisted by compilations of drafting conventions that set the foundations of quality in legislation in a theoretical/principled, rather than prescribed, manner. Thus the future of manuals lies in their nature as compilations of principles of legisprudence and not in their regrettable past as a series of commands on techniques and technicalities. This may serve efficacy which is the ultimate goal of legislation as a tool for regulation. [ABSTRACT FROM AUTHOR]

The article discusses the drafting of the German Environmental Code, which is considered as the best-prepared legislative project in Germany, to consolidate, streamline and harmonise existing law into a single code that ensures clarity, simplicity and transparency. It explores previous attempts to codify German environment laws as well as the objectives of the codification of the 2009 codes. Also mentioned are the obstacles that hinder consistency and the adjustments needed for the statutes.

The author reflects on the journal "Legisprudence," which aims to contribute to the improvement of legislation by studying the process of legislation. The author enumerates the content of the journal, including legislation in both formal and material sense, and alternatives to legislation. The author also explains that the articles in the journal focuses on systematic issues including the utility and necessity of codification, informatics in legislation, and the use of scientific research in the creation of legislation.