Principle, Reason and Policy in the Development of European Law

Abstract

IT is perhaps appropriate that this inaugural lecture, coming as it does at the end of the second of three University terms, should start with an apology. The tremendous expansion of the fields of research in recent years has inevitably led to a proliferation of inaugural lectures, of which there have already been several this year. The day may come when inaugural lectures, like atomic weapons, will be banned. But University traditions die hard and thus, until there is a change of policy, new professors must continue to inflict their thoughts and good intentions upon their captive audiences. Evidently, there is here an element of Schadenfreude, both for the professor, whose inaugural lecture is in the nature of a trial by ordeal, and for his audience. A Professor of Comparative Law in particular has a task which is of peculiar difficulty and embarrassment, for he must confess, at the outset, that his subject does not exist. I hasten to assure you that I do not propose to take the logical step and resign my chair. There are, after all, respectable precedents for my reluctance. In the nineteenth century, Holland, who was the Chichele Professor of International Law and Diplomacy at Oxford, taught that international law was not law 1 and there are other examples. At least I derive some comfort from the fact that this lecture is given in a Faculty which places special emphasis on the study of comparative law. Here I should like to pay a tribute to Professor R. H. Graveson, who, in his capacity as Dean of the Faculty and Head of the Department of Law, has initiated the tremendous expansion of ihe field of comparative law in this College. Quite apart from the Chair of Comparative Law, it can be claimed that the activities of this Faculty in this field are very extensive. Thus, for several years this College has been a centre for the teaching of comparative conflict of laws. Since 1964 French civil law has been taught as a normal undergraduate course. Though we