^ The most important arguable exception is the California Civil Code, which codified the state’s tort law in statutory form. See Maurice E. Harrison, The First Half-Century of the California Civil Code, 10 Calif. L. Rev. 185, 185 (1922) (describing the California Civil Code as “the first attempt on the part of an English-speaking community of considerable size to codify comprehensively the substantive common law”). In the famous case of Rowland v. Christian, 443 P.2d 561 (Cal. 1968), the California Supreme Court asserted that the central tort provision of the Civil Code, section 1714, “states a civil law and not a common law principle,” before mentioning with approval that “some common law judges and commentators have urged that the principle . . . serves as the foundation of our negligence law.” Id. at 564. This position is, on a natural interpretation, congruent with this Article’s claim that the normative principles underlying tort law are substantially continuous across common law and civil law systems.
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