As well as language and economic differences, there was no single unified set of laws that covered the whole of France. Add to this the canon law of the church which controlled some affairs, a mass of royal legislation which had to be considered when looking at legal problems, and the effects of local laws derived from "parlements" or appellate courts and trials, and there was a patchwork which was very difficult to negotiate, and which stimulated a demand for a universal, equitable set of laws.
However, there were plenty of people in positions of local power, often in venal offices, who worked to prevent any such codification, and all attempts to do so before the revolution failed. The French Revolution acted as a brush that swept away a mass of local differences in France, including many of the powers that stood against codifying the laws.
The result was a country in a position to—in theory—create a universal code. And it was a place that really needed one. Most important was to be a law code that bore his name. It also reflected glory back onto him: He was desperate to be seen as more than a general who took charge, but as the man who brought a peaceful end to the revolution, and establishing a legal code was a massive boost to his reputation, ego, and ability to rule.
The Civil Code of the French People was enacted in across all the regions France then controlled: France, Belgium, Luxembourg, chunks of Germany and Italy, and was later spread further across Europe.
It was supposed to be written fresh, and based on the idea that a law based on common sense and equality should replace one based on custom, societal division, and the rule of kings. The moral justification for its existence was not that it came from God or a monarch or in this case an emperor , but because it was rational and just. All male citizens were supposed to be equal, with nobility, class, a position of birth all wiped away. The code did not extend to emancipating women, who were subjugated to fathers and husbands.
Freedom and the right of private property were key, but branding, easy imprisonment, and limitless hard labor returned.
Non-whites suffered, and enslavement was allowed in French colonies. However, the courts still had to fill in the gaps in the laws and regulations and, indeed, were prohibited from refusing to do so. Moreover, both the code and legislation have required judicial interpretation. Thus, a vast body of judicially-created law jurisprudence has come into existence. There is no rule of stare decisis binding precedent in French law, but decisions by important courts have become more or less equivalent to case law.
Privacy Policy. Skip to main content. Search for:. The Napoleonic Code Learning Objective Synthesize the key tenets of the Napoleonic Code. Key Points Napoleon set out to reform the French legal system in accordance with the ideas of the French Revolution. The Code was complete by but not published until Praised for its clarity, the Code spread rapidly throughout Europe and the world and marked the end of feudalism and the liberation of serfs where it took effect.
It was adopted in many countries occupied by the French during the Napoleonic Wars. It formed the basis of the law systems across most of continental Europe and has had a lasting impact on civil law codes in other regions of the world, including the Middle East where it has been combined with the Islamic law.
But the code limited this progressive although very old idea. The husband alone legally controlled all family assets during the marriage, including any property his wife possessed before getting married. The Civil Code permitted divorce on the grounds of adultery, cruelty, criminal conviction, or the mutual agreement of the spouses and their parents. The revolution had introduced divorce for the first time into France, and the Catholic Church bitterly opposed it.
The law of divorce favored the husband. He could get a divorce if his wife committed one act of adultery anywhere. A wife, however, could secure a divorce on grounds of adultery only if her husband committed the act within the family home.
Although they covered a lot, the laws themselves did not go into great detail. This is quite unlike common-law systems.
In common-law countries like Britain and the United States, court decisions can become precedents with the force of law. In France, the codes that lawmaking bodies enact are supreme. When the codes need amending, the legislature periodically updates them. Napoleon made his Civil Code the law in territories he conquered, such as parts of Italy and Holland. After his death, the Code Napoleon inspired many other nations to adopt similar law codes. The Code Napoleon has even influenced the United States, a country steeped in the traditions of common law.
This territorial code remains as the foundation of Louisiana state law today. Legislators patterned the New York state civil and criminal codes, first completed in , on the Code Napoleon. These codes served as models for similar codes in other states and in the federal government. Tickets selling out in a single day. Thousands of teenagers, hours before show time, lining up outside the biggest venue in town. The scene outside the Cleveland Arena on a chilly Friday night in March more than 50 years ago would David Livingstone.
In the late 19th century, Europeans and Americans were fascinated by the continent of Africa. On March 21, , near the Somme River in France, the German army launches its first major offensive on the Western Front in two years. German armies occupied virtually all of Sign up now to learn about This Day in History straight from your inbox. The London Gazette offers a reward to anyone revealing the author of a pamphlet called An Account of the Growth of Popery.
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