New York State Civil Code Draft - Foreign Law Library

Author: Field
Publisher:
Publication Date: 2007-01-01
Features: This is a civil code draft that bloomed within its walls but smelled outside, meeting a fate of failure in its native New York State, yet being adopted by five U.S. jurisdictions: California, Montana, South Dakota, North Dakota, and Guam. It is a civil code draft that failed due to the author's poor social connections. It is a civil code draft that sparked the famous Field-Carter debate in the history of global civil code compilation. It is a civil code draft rooted in common law culture while incorporating elements of civil law. The New York Civil Code Draft is a civil code draft in the English-speaking world, representing the adoption of the codification concept by people in the English-speaking region. This adoption has a long history. It is the requiem for the New York Civil Code Draft, at which it was finally rejected by the legislature. The New York Civil Code debate lasted four years (from 1883, when Carter published his Savigny-style debate paper to 1887, when he testified before the New York State Senate's Judicial Committee). After that, Field devoted his main academic efforts to the drafting of the International Code Outline (proposing the idea of drafting the International Code to the British Association for the Advancement of Science in Manchester in September 1886). Although the New York Civil Code Draft had died in its home state, it continued to live in other states. By 1933, it had its last spark of life in Guam. At the end of this book, I would like to share a change in my personal understanding of the reasons for the failure of the New York Civil Code Draft. In my doctoral dissertation, I once believed that the unknowable epistemology held by Carter, as expressed in the following words, was the main reason for the failure of the New York Civil Code: "Science is merely the organization and classification of facts, and the actual judgments in specific cases are facts. They can only be observed and classified after they exist, for example, after a judgment is made."