This Comment theorizes that provisions that guide interpreters' reading of codification information embody a "codifier's canon": an interpretive principle that judges should heed caption and placement in the Code where they reflect the choices of Congress, but not where they are introduced by nonlegislative codifiers.
In other words, the apparent prohibition on invoking organizational context should be understood as tailored to the circumstances of the codification process, not a categorical rejection of the salience of placement and caption.
This observation is informed by the codification process.
That is because of the role of the OLRC in the positive law codification process.
There is no indication from the general analysis of the new codes that their drafters have any philosophical coherence, or that the new codifications are apt to achieve specific objectives.
Les Codifications, Paris: Presses Universitaires de France.
The paper aims to explain the role of codification in our societies, in which degree the objectives of rationalization and unification of law are accomplished in Romania and what is the proper way to conceive the legal system of codification in order to counteract the inflation and instability of the law.
Keywords: codification, rationalization, legal security, constitutionalisation, legal instability
The advantages of codification
are that users need consult only one single authentic text, and the volume of all the binding legal acts adopted by the government is reduced.
111) Arguably, and in my view, this wave of bilateral codifications has solidified the Hull Rule as a rule of customary inter national law.
Another way codifications can avoid stunting the development of custom is through the interpretation of a codifying provision as referencing existing customary law at the time the provision is applied, rather than the body of customary law from the time the treaty was adopted.
Multiple codifications therefore will tend to exacerbate regional and ideological tensions in international law and international relations.
Such codifications were arguably also part of larger trends around constitutional change and modernizing the exercise of state power.
From this perspective their codifications can also be understood as fitting within modernizing trends around the exercise of state power and new forms of authority, described by Weber as 'formal legal rationality,' by Michel Foucauit as 'governmentality,' and by historians such as Philip Corrigan and Derek Sayer as 'state formation.
However, Stephen's Draft English Code, not those of Macaulay or Wright, became the primary reference for the first wave of 'self-governing' codifications in the 1890s as represented by the Canadian, New Zealand and Queensland codes.