Abstract
The use of historical arguments in legal reasoning today is relatively rare and often superficial. The aim of the paper is to clarify whether the situation can be changed and whether this would be useful for the interpretation of codified private law. In the author's view, a change in this direction will be possible and justified when historical arguments are made available in a way that is clearly linked to issues of contemporary practice and is addressed to lawyers who believe in the existence of objective premises of rationality in law and are open to including historical arguments into topical reasoning in order to support a solution that he or she considers legitimate. The author believes that the best way for making historical arguments available for such a purpose is a historical commentary on the Civil Code. The article presents a conception for such a commentary.
Published Version
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