FREE BOOKS

Author's List




PREV.   NEXT  
|<   41   42   43   44   45   46   47   48   49   50   51   52   53   54   55   56   57   58   59   60   61   62   63   64   65  
66   67   68   69   70   71   72   73   74   75   76   77   78   79   80   81   82   83   84   85   86   87   88   89   90   >>   >|  
pted for brevity or secrecy. In jurisprudence the question of the reduction of laws to written codes, representing a complete and readily accessible system, is a matter of great historical and practical interest. Many collections of laws, however, which are commonly known as codes,[1] would not correspond to the definition given above. The Code of Justinian (see JUSTINIAN I.; ROMAN LAW), the most celebrated of all, is not in itself a complete and exclusive system of law. It is a collection of imperial constitutions, just as the Pandects are a collection of the opinions of jurisconsults. The Code and the Pandects together being, as Austin says, "digests of Roman law in force at the time of their conception," would, if properly arranged, constitute a code. Codification in this sense is merely a question of the _form_ of the laws, and has nothing to do with their goodness or badness from an ethical or political point of view. Sometimes codification only means the changing of unwritten into written law; in the stricter sense it means the changing of unwritten or badly-written law into law well written. The same causes which made collections of laws necessary in the time of Justinian have led to similar undertakings among modern peoples. The actual condition of laws until the period when they are consciously remodelled is one of confusion, contradiction, repetition and disorder; and to these evils the progress of society adds the burden of perpetually increasing legislation. Some attempt must be made to simplify the task of learning the laws by improving their expression and arrangement. This is by no means an easy task in any country, but in England it is surrounded with peculiar difficulties. The independent character of English law has prevented an attempt to do what has already been done for other systems which have the basis of the Roman law to fall back upon. The most celebrated modern code is the French. The necessity of a code in France was mainly caused by the immense number of separate systems of jurisprudence existing in that country before 1789, justifying Voltaire's sarcasm that a traveller in France had to change laws about as often as he changed horses. At first published under the title of _Code Civil des Francais_, it was afterwards entitled the _Code Napoleon_ (q.v.)--the emperor Napoleon wishing to attach his name to a work which he regarded as the greatest glory of his reign. The code, it has been s
PREV.   NEXT  
|<   41   42   43   44   45   46   47   48   49   50   51   52   53   54   55   56   57   58   59   60   61   62   63   64   65  
66   67   68   69   70   71   72   73   74   75   76   77   78   79   80   81   82   83   84   85   86   87   88   89   90   >>   >|  



Top keywords:
written
 
jurisprudence
 
Justinian
 

celebrated

 

unwritten

 
changing
 
Pandects
 

country

 

collection

 

attempt


systems

 
system
 

complete

 

Napoleon

 
modern
 

France

 

collections

 

question

 

difficulties

 

English


prevented

 

character

 

independent

 

simplify

 

legislation

 
perpetually
 
increasing
 

burden

 
learning
 

improving


society

 

England

 

surrounded

 

expression

 

arrangement

 
peculiar
 

Francais

 

entitled

 

published

 

regarded


greatest

 

emperor

 
wishing
 

attach

 

horses

 
changed
 
caused
 

immense

 

number

 
separate