Coherence in Law Through Legal Scholarship (CLLS) - ERC Starting Grant
NEW: Glossary security interests and insolvency
Coherence of law is created in the writings of legal scholars who systematize rules and principles of law. Their pursuit of coherence is vital for the effectiveness of legal systems. However, coherence of law has almost not been analyzed in a systematic, empirical way. The CLLS project aims at analyzing coherence in academic writings on law dating from the early modern period (ca. 1500 - ca. 1800) that are concerned with the theme of collateral rights (security interests), that is, those rights facilitating expropriation of the assets of debtors in case of their default. There are indications that the impact of rules on collateral rights hinged on the coherence that was established in legal writings, and that in the period mentioned legal coherence for this theme was increasing. Coherence will be traced in the interpretations of legal scholars following on from interactions between scholarly writings, local law (bylaws, judgments) and commercial practice (contracts). Connections of rules and principles found will be presented in frames of analysis that cluster them along variables of context, time and source of law.
The project CLLS was awarded by the European Research Council in August 2016, as part of the Horizon 2020-programme (ERC Starting Grant, nr 714759)
The project is hosted by Tilburg University, at the Department of Public Law, Jurisprudence and Legal History and within the Institute for the History of International Law (i-HILT)