Continental law

Continental law confronted with globalization

Abstract: 
Continental law and globalization: each of the terms of the subject requires some explanation.Continental law first. This is the law that comparatists distinguish from common law and sometimes refer to by the term civil law. So it is a system, a culture, a tradition, a legal family that is said to be Romano-Germanic, Latin, civilistic or… continental. It now has its own Foundation, formed under the laws of France, created in 2007: the Fondation pour le droit continental or Civil law initiative. It is not monolithic: comparatists distinguish principally within it German law and French law, that they willingly present for German law as a professorial law ordered around concepts, and for French law as a legists law ordered around rules. It is about continental law as illustrated by the French tradition that we shall reason here.Globalization next. This term denotes roughly a change of scale. In the sense that questions that used to be posed at state level are now posed for much greater areas and often for the planet as a whole. That is a phenomenon that is as plain as day: just look at the financial and stock-market news of recent weeks… The phenomenon prompts various reactions: it worries those who are reassured by their borders; it thrills those whom their borders stifle.