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Matthias E. Storme Full professor KU Leuven, Institute for commercial and insolvency law

Matthias E. Storme Full professor KU Leuven, Institute for commercial and insolvency law Symposium “200 years Savigny and Thibaut. The Codification Debate R evisited ” Maastricht 10 Oct . 2014. 6 P erspectives. Equality v. organicism Innovation v. continuity Legitimacy

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Matthias E. Storme Full professor KU Leuven, Institute for commercial and insolvency law

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  1. Matthias E. Storme Full professor KU Leuven, Instituteforcommercial andinsolvencylaw Symposium “200 yearsSavignyand Thibaut. The CodificationDebateRevisited” Maastricht 10 Oct. 2014

  2. 6 Perspectives • Equality v. organicism • Innovation v. continuity • Legitimacy • Transparency v. flexibility • Digestion or inclusion • Territoriality

  3. Sir Edward Coke • ‘causes which concern life, or inheritance, or goods, or fortunes of (subjects) are not to be decided by natural reason, but by the artificial reason and judgment of law, which law is an act which requires long study and experience before a man can attain to the knowledge of it’ • (Prohibitions del Roy)

  4. Antonin Scalia • ‘The Constitution is meant to protect against, rather than conform to, current ‘widespread belief’ • Maryland v. Craig, 27 juni 1990

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