Codes, dooms, constitutions and statutes: the emergence of the legislative form of legal writing

摘要

In this paper, I would like to look at the "emergence" of legislation in two different senses. First, there is the historical emergence of legislation as a distinct fonn of legal writing. I have the impression that legislation is often seen as something modrn when it is ancient with legislative texts predating just about all other legal and non-legal texts. To work out how ancient the legislative tradition is, we have to decide what we treat as legislation. Second, there is the possibility of legislation emerging as a significant topic for law and literature studies. I have the impression that legislation is often seen as peripheral and ephemeral when it is now central and structural. I also have the impression that legislation is seen as a barren area for law and literature studies when there are some interesting questions to ask about how legislative texts work and how they fail. I would be happy to be wrong in these impressions. It is encouraging to see a couple of sessions at this conference devoted to legislation.