商法词汇

This column discusses restatements of law. It begins by explaining the nature of restatements, their impact, and why they developed in the US. It then explores their potential to inspire initiatives in other countries, including China.

Restatements of law in the US

Restatements are a creation of the American Law Institute (ALI), which was established in 1923 by a committee of prominent judges, lawyers and law professors. As noted on the ALI’s website (https://www.ali.org/), the committee reported to the members of the legal profession that the law was “unnecessarily uncertain and complex”. As a result, there was a “general dissatisfaction with the administration of justice”. The committee proposed the formation of the ALI for a number of objectives, including “to promote the clarification and simplification of the law” and “to encourage and carry on scholarly and scientific legal work”.

As part of these efforts, the committee suggested that the ALI should produce restatements of the law. A modern statement of the purpose of restatements of law is provided by the ALI on its website. The statement refers to two key projects in which the ALI has been involved during its almost 100 years of history: the production of restatements; and the production of principles:

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葛安德 Andrew Godwin

A former partner of Linklaters Shanghai, Andrew Godwin teaches law at Melbourne Law School in Australia, where he is an associate director of its Asian Law Centre. Andrew’s new book is a compilation of China Business Law Journal’s popular Lexicon series, entitled China Lexicon: Defining and translating legal terms. The book is published by Vantage Asia and available at www.vantageasia.com