What is meant
The author holds that civil legislation in the modern era should be based on parliaments and positive law, not on classical jurisprudence. What is meant is that the source of civil regulation should be contemporary legislative institutions and the laws they produce.
The atom’s structure in the atlas
- Type of argument: political
- Movement of the argument: civil legislation, in his view, is made by parliament and law, not by classical jurisprudence.
- Key terms: civil legislation, parliaments, law, classical jurisprudence.
- Degree of centrality: pivotal.
This atom shifts the source of legislation from inherited authorities to modern institutions. Its importance lies in establishing the independence of civil law from traditional jurisprudence.
Links that help reading
Grounding
- Supporting text: «Contemporary civil legislation must be based on parliaments and law, not on classical jurisprudence».
Degree of documentation
- Level: directly documented
- Meaning of the level: the atom rests on an explicit witness close to the wording of the claim.
- Limits of reading: the wording above is an analytical summary and should not be treated as a verbatim quotation unless the witness is transmitted textually.
Its function in the book
Its function here is argumentative; it supports a larger conclusion in the chapter or prepares the way for it.
Editorial note
The atom gives priority to the modern legislative institution.