The European Law in the 19th century: Napoleon’s Code
Napoleon’s Law
The laws of much of continental Europe (particularly France), of Quebec in Canada, and much of Latin America – along with the civil laws of Louisiana – owe their modern form largely to the work of a man who never even studied law. Napoleon Bonaparte, the Corsican soldier who became emperor of France after the French Revolution, established in 1800 five commissions to refine and organize the diverse legal system of France. The result, enacted in 1804, was the Napoleon’s Code.
Some of its original 2,281 articles were drafted by Napoleon himself, and all were affected by his thinking, even though he was completely self-taught in legal matters. The Code was a triumphant attempt to create a legal system that treated all citizens as equals without regard to their rank or previous privileges. It was also so clearly written that it could be read and understood by ordinary people at a time when only Latin scholars could make sense of the earlier laws handed down since Roman times. The Code was adopted intact in most of the areas of Europe that Napoleon dominated and spread from there across the Atlantic, taking root particularly in French- speaking American communities. Many of its principals are still in force today.
The Legal Heritage of Greece and Rome.
The ancient Greeks were among the first to develop a concept of law that separated everyday law from religious beliefs. Before the Greeks most civilizations attributed their laws to their gods or goddesses. Instead, the Greeks believed that laws were made by the people and for the people.
In the 17th century B.C., Draco drew up Greece’s first written code of laws. Under Draco’s code death was the punishment for most offences. Thus, the term draconian usually applies to extremely harsh measures.
Several decades passed before Solon- poet, military hero and Athen’s lawgiver- devised a new code of laws. Trial by jury, an ancient Greek tradition was retained, but enslaving debtors was prohibited as were most of the harsh punishments of Draco’s code. Under Solon’s law citizens of Athens were eligible to serve in the assembly and courts were established in which they could appeal government decisions.
What the Greeks may have contributed to the Romans was the concept of “natural law”. Natural law was based on the belief that certain basic principles are above the laws of a nation. These principles arise from the nature of people. The concept of natural law and the development of the first true legal system had a profound effect on the modern world.
Task # 15
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