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Updated: May 7, 2025
This codification, like its famous parallel in Roman history, the code of Justinian, collated the decisions and decrees already in existence from various periods, and reissued them as one body of laws.
The Conference found it impossible to arrive at an agreement on many of the most vital questions of maritime law. Under these circumstances the powers were not willing to have the proposed International Prize Court established without the previous codification of the body of law which was to govern its decisions.
He manages to get in a good word for codification, and illustrates his argument by an ingenious parallel with Bradshaw's 'Railway Guide. That 'code' is puzzling enough as it is; but what would be our state if we had to discover our route by examining and comparing all the orders given by the directors of railways from their origin, and interpreting them in accordance with a set of unwritten customs, putting special meanings upon the various terms employed?
I must now turn to the important legislative measures which were more essentially a part of the general system of codification. A code of civil procedure had been passed in 1859, and codes of criminal law and criminal procedure in 1860 and 1861.
These "folk-ways" were born long before human laws and were enforced more rigidly than the statutes of a later age. Slowly men embodied their "taboos," their incantations, their habits and customs into religions and statutes. A law was only a codification of a habit or custom that long ago was a part of the life of a people.
He was full of accumulated reflections made in India, which he had not been able to discharge through the accustomed channel of journalism during his tenure of office; and besides this he entertained hopes, rather than any confident belief, that he would be able to induce English statesmen to carry on in their own country the work of codification, upon which he had been so energetically labouring in India.
Now for the great part of the Victorian era the utilitarian tradition which reached its highest in Mill held the centre of the field; it was the philosophy in office, so to speak. It sustained its march of codification and inquiry until it had made possible the great victories of Darwin and Huxley and Wallace.
It so happened, however, that M. Barain was a nephew of M. Francois de Nantes, the director of legal codification, who had found numerous positions for members of Masséna's family. M. Francois de Nantes demanded in return that his nephew, Barain, should be recommended for the rank of colonel. The marshal, forced to choose between me and Barain, chose Barain.
It contained no less than fifty-one clauses, and was an attempt to summarize a number of previous enactments contained in the Great Charter, the Provisions of Oxford, and the Statute of Marlborough, as well as to embody some of the administrative measures of Henry the Second and his son. But a more pressing need than that of a codification of the law was the need of a reorganization of finance.
The same quality of almost pyramidal solidity characterizes another great enterprise of the Napoleonic period, the codification of French law. The difficulties of this undertaking consisted mainly in the enormous mass of decrees emanating from the National Assemblies, relative to political, civil, and criminal affairs.
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