Delving into a thrilling topic of statute interpretation in both civil-law and common-law traditions, through the lens of Michel de Montaigne’s reflection on Emperor Justinian’s unsuccessful endeavor to create a catch-all statutory law, and probing the relevance of these principles to present day Uniform Trust Code in the United States.
It has been an ever-relevant point of discussion in jurisprudence that context matters significantly in statutory interpretation. A perspective drawn from the civil law tradition brings our attention to Michel de Montaigne (1533-1592). He analyzed that the attempt of Emperor Justinian (482-565) to create a comprehensive statutory law to cater to all potential situations was, in truth, an exercise in futility. As Montaigne impeccably put, it is unlikely to happen that even one of the plethora of cases that have been classified and codified will ever find a match.
The essential question being explored in this narrative is whether the Uniform Trust Code works better if interpreted in isolation or in the context of well-established principles of common law, learned through jurisprudential experiences over decades. It draws upon concepts and conflicts encountered in Justinian’s Corpus Juris Civilis and Coke and Blackstone’s Institutes, painting a complex picture of interpretive challenge.
The importance of this exploration lies in the fact that it might not be pragmatic to parse the Uniform Trust Code in jurisprudential isolation, as Montaigne would have likely argued against it. Considering his reflection, it is implied that jurisprudence does not persist in a vacuum but derives understanding from an interconnected network of interpretive paradigms and experiences.
In this light, corporate legal professionals would be well advised to seek a deeper understanding of the dynamics of statutory interpretation, particularly in regard to the Uniform Trust Code. Practitioners need to look beyond the letter of the law and engage with its spirit, bearing in mind Montaigne’s observations and the potential applicability of principles embodied in the works of Justinian and Coke.
For an in-depth understanding of the subject, refer to the original article “To parse or not to parse the Uniform Trust Code in jurisprudential isolation: What would Justinian and Coke have advised?,” authored by Charles E. Rounds, Jr. from Suffolk University.