Gautier, Pierre-Yves --- "The Influence of Scholarly Writing Upon the Courts in Europe" [2010] ELECD 429; in Hiscock, Mary; van Caenegem, William (eds), "The Internationalisation of Law" (Edward Elgar Publishing, 2010)

Book Title: The Internationalisation of Law

Editor(s): Hiscock, Mary; van Caenegem, William

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781849801027

Section: Chapter 13

Section Title: The Influence of Scholarly Writing Upon the Courts in Europe

Author(s): Gautier, Pierre-Yves

Number of pages: 9

Extract:

13. The influence of scholarly writing
upon the courts in Europe
Pierre-Yves Gautier*

INTRODUCTION

The role of legal scholars is the same everywhere, whether it be in Australia,
in Europe, Singapore, Sweden or any other country. Legal scholars have
two main roles: first, teaching students; and secondly, commenting on
legal developments, in particular on judicial decisions and on legislation.
As to the first role, innovation in teaching methodology is a pressing topic
because the law has become progressively more complex, with a constant
increase in regulations, statutes, treaties, jurisprudence and so forth.
This is so everywhere, but European law is a particularly apt example of
increased complexity. Because of this additional complexity, legal schol-
ars must select the information, must underline what is important, and in
particular the underlying principles. Our students should remember our
lectures in the future, because of the clarity and focus on principle that
we have brought to a given topic. Most important is also to teach law stu-
dents legal method; in my view, which is a Cartesian view, everything is in
the method.1 Thus teaching is a part of the harmonisation of law: sharing
culture, methods, principles, and also sharing students. By these means
our systems, civil law and common law, become more closely aligned.
In our second core role as legal scholars, publishing commentaries on
recent decisions of courts, and on statutes, we must use the same tools and
methods: to analyse, explain, and criticise. We must endeavour to make
and ...