Lord+Goff,+'The+Future+of+the+Common+Law'+(1997)+46+International+and+Comparative+Law+Quarterly+745


 * Note: this article hearkens back to the cml v. cvl stuff we did in foundations last year, so my summary is rather general. if she goes into more detail in class today, i'll update it, but for now i think i've got the important points. - safia

Lord Goff: *Future of the CML. Fear, articulated at another inaugural lecture by Beatson, that the CML has met its end and that “we will end up as the Lousiana, or the Quebec of Europe”. [ha!] à Distinct features of CML: Judge-made law is an importance source of law. CVL is codified, but codification exists in the CML as well. Nonetheless, distinction is important: in England, law of obligations is judge-made law. *Things are likely to change; for instance, codification of criminal law. Also the commercial code [Some inspiration for this is derived from the UCC of the US ]. *Goff argues that, looking at lower-income CML jurisdictions, the systems are largely ineffective. It is “enviable” that the French distributed the Code Napoleon, which requires much less ongoing work. *If there is to be a significant move toward codification, need for a change in attitude. Problem is that draftsmen construct statutes v. tightly to prevent deviation by judges from “legislative intent.” Difficult to advocate a more open-textured approach. *Tangible difference with CML lawyers: tendency to reason upward from facts before us, i.e. thinking of each case as having a limited effect, as a base for future developments. *Consider also the status of CML judges vs. CVL judges—one applies established principles, one develops principles out of facts. *The CML judge must be wise. Dissenting opinion ensures that judgments represent the authentic opinion of judges. - The jury is seen as one of the characteristic institutions of the CML. There is no appeal from the jury’s verdict.
 * Goff disagrees, believes CML to be of continued importance.
 * What is the CML? It is different from the CVL less because of content than because of form, methods of reasoning, etc.
 * There will be changes to public law, but will private law change? Doubtful.
 * What about comparative law? Need to welcome it.