By Franz Von Benda-Beckmann (auth.), Hans Ulrich, Jessurun D’Oliveira (eds.)
Last 12 months I addressed the Netherlands Comparative legislations Asso ciation with the next query: 'Does Comparative legislation Exist At All?' (My goal then was once to flog the useless (?) horse of the merger of comparative legislation and the sociology of legislation. ) In offering this voluminous choice of Netherlands nationwide stories to the 11th congress of the Internatio nal Academy of Comparative legislations i think my misgivings giving method to the suspicion, that comparative legislations certainly exists. after all nationwide reviews don't, as such, turn out the exist ence of comparative legislations. it's the normal studies including the nationwide reviews, which include the comparative attempt. this is why the Netherlands Comparative legislation Associa tion took the initiative to suggest the publishing of the fabrics on a topic to topic foundation rather than put up ing collections of nationwide experiences. From a comparative felony viewpoint, it's the subject that are supposed to shape the foundation of the book, and never the beginning of the fabrics. the overall reporter for every subject can be ready to soak up the responsabilities of modifying the quantity, and must receive the appropriate to choose these nationwide studies which he considers to be precious either in regard to their caliber and the relevance of the cloth to the fundamental difficulties within the questionnaire. This notion met with very beneficial reviews from the na tional committees and basic journalists of a few fifteen coun tries.
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Additional resources for Netherlands Reports to the XIth International Congress of Comparative Law Caracas 1982
Again, some remarks on my part in advance. One should take into consideration, to my judgment, that the process of law making, here and elsewhere - in the courts and in the 'streets' - is not strictly a rational process, where pro and contra are being weighed on the scales of reason and logic. Drafts are prepared, made, discussed in legal periodicals, defended and accepted or rejected in parliament, by lawyers and other human beings. Therefore, not only human shortcomings should be reckoned with but also, which is more important, psychological factors such as prejudices in favor or against certain foreign legal systems or institutions the 'transplant bias' Watson is speaking of.
Id. , De onafhankelijkheid van de reahterlijke maaht, Amsterdam-Brussel 1970; etc. ~g. cit. cit. p. 147 et s. cit. p. Ag. p. 177. Les vues de Ter Heide ont ~t~ critiqu~es par Langemeijer avec des argumente trâs analogues: le public r~agit de fa~on fragrefus~e 24. 11 majorit~ ă LA LOGIQUE JURIDIQUE 30. 31. 32. 33. 'analogie) la compatibilit~des solutions qu'il retient avec les orientations fondamentales de l'opinion. cit. p. 108 et s. Remarquons cependant que certains grands arrets du HR sant clairement soutenus par une ~volution globale de l'opinion dans le sens "n~gatif" pr~cit~: la decision consiste pour autant ă mettre au pas la jurisprudence avec une telle ~volution des esprits.
35 The use of comparative law by the legislator in the Netherlands JAN M. l. Professor of Law, Erasmus University, Rotterdam 'SchZechte RechtsvergZeichung ist schZimmer aZs keine' Paul Koschaker A topic like the one taken for this report is very suitable to leave an author crossed-armed, staring at the empty space beneath the title. Even when restricted to private law, the field is so broad, that a fair amount of hesitation where to start seems justified. On the other hand, this gives an author a freies EPmessen in his treatment of the subject, as the odds of incurring a cuZpa in eZigendo will net be very high.