
Contents
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I Introduction I Introduction
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II The Case for Codification II The Case for Codification
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1 Rationality 1 Rationality
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2 Certainty 2 Certainty
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3 Regional Adaption 3 Regional Adaption
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4 Accessibility 4 Accessibility
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III Legislative Design III Legislative Design
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1 Drafting Styles and Structure 1 Drafting Styles and Structure
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2 Use of Language with a Pre-existing Meaning 2 Use of Language with a Pre-existing Meaning
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3 Principles and Rules 3 Principles and Rules
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4 Illustrations 4 Illustrations
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IV Conclusion IV Conclusion
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2 Legislative Design and the Codification Project
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Published:September 2024
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Abstract
This chapter examines the legislative design of the Indian Contract Act 1872 and its correlating codification project. It explains that attempts to codify a body of common law express an ideal of legislative design. Legislative design refers to how the statute is structured and expressed, including its balance between rules and principles, the degree to which it draws on established legal concepts or language, and its use of examples. Arguments in favour of codifying a field of common law are commonly premised on several overlapping values such as rationality (or coherence), certainty, homogeneity, and accessibility. The chapter considers the ways in which the codification project highlighted the complex relationship between legislative design and its interpretation and operation.
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