The Need for Codified LawsFrance in the century before the Revolution may have been a single country, but if was far from a homogenous unit. As well as language and economic differences, there was no single unified set of laws which covered the whole of France. Instead, there were large geographic variations, from the Roman Law which dominated in the south, to a Frankish / Germanic Customary Law which dominated in the north around Paris. 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’ and trials, and you had 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 attempts before the revolution failed.
Napoleon and the French RevolutionThe French Revolution acted as a brush which swept away a mass of local differences in France, including many of the powers who had been against codifying the laws. The result was a country in a position to -in theory - create a universal code, and a place which really needed one. The Revolution went through various phases, and forms of government – including Terror – but by 1804 was under the control of General Napoleon Bonaparte, the man who appeared to have decided the French Revolutionary Wars in France’s favor. Napoleon wasn’t just a man hungry for battlefield glory; he knew that a state had to be built to support both him and a renewed France, and chief among that was to be a law code which bore his name. Attempts to write and enforce a code during the revolution had failed, and Napoleon’s achievement in forcing it through was massive.
The Napoleonic CodeThe Civil Code of the French People was enacted in 1804 across all the regions France then controlled: France, Belgium, Luxembourg, chunks of Germany and Italy, and was later spread further across Europe. In 1807 it became known as the Code Napoleon. 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. To this end, all male citizens were supposed to be equal, with nobility, class, position of birth all wiped away, but in practical terms much of the revolution’s liberalism was lost and France turned back to Roman law. 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 slavery was allowed in French colonies. In many ways, the Code was a compromise of the old and new, favoring conservatism and traditional morality.
The Napoleonic Code was written as several ‘Books’, and although it was written by teams of lawyers, Napoleon was present at nearly half of the Senate discussions. The first book dealt with laws and people, including civil rights, marriage, relationships including those of parent and child etc. The second book concerned laws and things, including property and ownership. The third books tackled how you went about getting and modifying your rights, such as inheritance and through marriage. More codes followed for other aspects of the legal system: 1806’s Code of Civil Procedure; 1807’s Commercial Code; 1808’s Criminal Code and Code of Criminal Procedure; 1810’s Penal Code.
The Code and HistoryThe Napoleonic Code has been modified, but essentially remains in place in France, however it was only in the latter half of the twentieth century that laws regarding women were altered to reflect an equitable situation.
After the Code was introduced in France, and nearby areas, it spread across Europe and into Latin America. Sometimes a straight translation was used, but other times large changes were made to fit local situations. Later Codes also looked to Napoleon’s own, such as the Italian Civil Code of 1865, although this was replaced in 1942. In addition, laws in Louisiana’s civil code of 1825 (largely still in place), derive closely from the Napoleonic Code.
However, as the nineteenth century turned into the twentieth, new civil codes in Europe and around the world rose to reduce the importance of France’s, although it still has an influence.