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The '''Napoleonic Code''' ({{Lang-fr|Code Napoléon}}), officially the '''Civil Code of the French''' ({{Lang-fr|Code civil des Français}}; simply referred to as {{lang|fr|Code civil}}), is the [[France|French]] [[civil code]] established during the [[French Consulate]] in 1804 and still in force in France, although heavily and frequently amended since its inception.<ref>{{Cite book |title=Code civil des Français: édition originale et seule officielle |publisher=L'Imprimerie de la République. |place=Paris |year=1804 |url=http://gallica.bnf.fr/ark:/12148/bpt6k1061517/f2.image |access-date= 28 November 2016 |via= Gallica}}</ref> Although [[Napoleon]] himself was not directly involved in the drafting of the Code, as it was drafted by a commission of four eminent jurists,<ref name="Robert B. Holtman 1981">Robert B. Holtman, ''The Napoleonic Revolution'' (Baton Rouge: [[Louisiana State University Press]], 1981)</ref> he chaired many of the commission's plenary sessions,<ref name=Foot01/> and his support was crucial to its passage into law.<ref>Roberts, Andrew, ''Napoleon: A Life'',"Lawgiver"</ref>
The Napoleonic Code was not the first legal code to be established in a European country with a [[civil law (legal system)|civil-law]] [[List of national legal systems|legal system]]; it was preceded by the {{lang|la|[[Codex Maximilianeus bavaricus civilis]]}} ([[Electorate of Bavaria|Bavaria]], 1756), the {{lang|de|[[Allgemeines Landrecht]]}} ([[Kingdom of Prussia|Prussia]], 1794), and the ''[[West Galician Code]]'' ([[Kingdom of Galicia and Lodomeria|Galicia]], then part of [[Austrian Empire|Austria]], 1797).{{cn|date=June 2023}} It was, however, the first modern legal code to be adopted with a pan-European scope, and it strongly influenced the law of many of the countries formed during and after the [[Napoleonic Wars]].<ref>[https://www.cambridge.org/core/books/abs/history-of-law-in-europe/french-revolution-and-the-law/39F246BD158F001C5ACBFB8B471A6D35 29 - The French Revolution and the Law], in ''Part IV - The Age of Reforms (1750–1814)'', Cambridge University Press, 31 July 2017; Antonio Padoa-Schioppa,
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Before the Napoleonic Code, France did not have a single set of [[law]]s; law consisted mainly of local customs, sometimes officially compiled in "custumals" (''[[Old French law|coutumes]]''), notably the ''[[Custom of Paris in New France|Custom of Paris]]''. There were also exemptions, [[Privilege (law)|privileges]], and special [[Charter|charters]] granted by kings or other feudal lords. With the Revolution, the last vestiges of feudalism were abolished.{{fact|date=March 2024}}
Specifically, as to civil law, the many different bodies of law used in different parts of France were to be replaced by a single legal code. The [[National Constituent Assembly (France)|Constituent Assembly]] on 5 October 1790 voted for a codification of French laws, the [[French Constitution of 1791|Constitution of 1791]] promised one, and the [[National Assembly (French Revolution) |National Assembly]] adopted a unanimous resolution on 4 September 1791 providing that "there shall be a code of civil laws common for the entire realm."<ref>Constitution of 3 September 1791, 1.11: "''Il sera fait un Code de lois civiles communes à tout le Royauame''".</ref> However, it was the [[National Convention]] in 1793 which established a special commission headed by [[Jean-Jacques-Régis de Cambacérès]] to oversee the drafting process.<ref>Cronin, Vincent (1972). ''Napoleon Bonaparte
His drafts of 1793 (for which Cambacérès had been given a one month deadline), 1794, and 1796 were all rejected by a National Convention and the [[French Directory]] of the time was more preoccupied with the turmoil resulting from various wars and strife with other European powers. The first draft contained 719 articles and was very revolutionary, but was rejected for being too technical and criticised for not being radical or philosophical enough. The second, with only 297 articles, was rejected for being too brief and was criticised for being a mere manual of morals. The third, expanded to 1,104 articles, was presented under the conservative Directory regime, but never even came up for discussion.{{fact|date=March 2024}}
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===Napoleonic reforms===
{{unreferenced section|date=March 2011}}
Napoleon's victory at the [[Battle of Marengo]] allowed him to consolidate his power in France<ref>Hollins, ''Encyclopedia'', pp. 605–606.</ref> Returning to Paris, he appointed on 12 August 1800 a commission of distinguished jurists and politicians, including [[:fr:Jacques de Maleville]], [[François Denis Tronchet]], [[Félix-Julien-Jean Bigot de Préameneu]], [[Jean-Étienne-Marie Portalis]] to draft a civil code.<ref>Zamoyski, Adam, ''Napoleon: A Life'',"Caesar"</ref> For this commission, Cambacérès (now Second Consul), and Napoleon himself chaired the plenary sessions.<ref name=Foot01/> After this process finished, the Code was sent to the [[Legislative Body]] as a preliminary bill in December 1801, where it was rejected by a vote of 142 to 139.<ref name=Foot02/> In response, Napoleon announced on 2 January 1802 that he was suspending all projects, effectively closing the assemblies' sessions; simultaneously, he went to the [[Sénat conservateur]] to berate its members. These tactics cowed the legislature into submission, and gave Napoleon the majority he needed.<ref>Zamoyski, Adam, ''Napoleon: A Life'',"Peace"</ref> The code finally came into effect on 21 March 1804.<ref name=Foot03/>
The process developed mainly out of the various customs,{{what|date=June 2023}} but was inspired by Justinian's sixth-century codification of [[Roman law]], the ''[[Corpus Juris Civilis]]'' and, within that, Justinian's Code (''Codex''). The Napoleonic Code, however, differed from Justinian's in important ways:
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* ''Code d'instruction'': In 1808, the ''code d'instruction criminelle'' was published, laying out [[criminal procedure]]. The ''[[parlement]]'' system from before the Revolution, had been much abused, and the criminal courts established by the Revolution were complex and ineffective, subject to many local pressures. The genesis of this code resulted in much debate and the basis of the modern [[inquisitorial system]] of criminal courts in France and many civil law countries. It has significantly changed since, especially with regard to the rights of the defendant.<ref> Adhémar Esmein, ''A History of Continental Criminal Procedure'' (1913) pp. 528–616. [https://archive.org/details/ahistorycontine01mittgoog/page/n28/mode/2up online]</ref>
The French Revolution's [[Declaration of the Rights of Man and of the Citizen]] enunciated the [[presumption of innocence]] until found guilty. Concerned by the possibility of [[arbitrary arrest and detention]], or excessive [[Pre-trial detention|remand]], Napoleon remarked that care should be taken to preserve personal freedoms, especially before the Imperial Court: "these courts would have a great strength, they should be prohibited from abusing this situation against weak citizens without connections."<ref>{{
The possibility of lengthy remand periods was one criticism, particularly voiced in common law countries, of the Napoleonic Code and its ''de facto'' [[presumption of innocence|presumption of guilt]]. Another reason was the combination of magistrate and prosecutor into a single role.<ref>{{cite news|title=French Criminal Procedure|url=https://timesmachine.nytimes.com/timesmachine/1895/04/14/102454136.pdf |archive-url=https://web.archive.org/web/20200603212142/https://timesmachine.nytimes.com/timesmachine/1895/04/14/102454136.pdf |archive-date=2020-06-03 |url-status=live|access-date=14 June 2011|newspaper=New York Times|date=14 April 1895}}</ref> However, with the work of the ''[[Examining magistrate|juge d'instruction]]'' accomplished, the trial itself did not have the same ''[[de jure]]'' presumption of guilt; for instance, the juror's oath explicitly required jurors not betray the interests of the defendants or ignore their defence.
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In the United States, the legal system is largely based on [[English law|English common law]]. But the state of [[Louisiana]] is unique in having a strong influence from French and Spanish legal traditions on [[Louisiana Civil Code|its civil code]]. Spanish and French colonial forces quarreled over Louisiana during most of the 1700s, with Spain ultimately ceding the territory to France in 1800, which in turn [[Louisiana Purchase|sold the territory to the United States]] in 1803.<ref>{{Cite web|url = http://go.galegroup.com.libezp.lib.lsu.edu/ps/i.do?id=GALE%7CCX3446900575&v=2.1&u=lln_alsu&it=r&p=GVRL&sw=w&asid=be47621d0f52559f686e81e7fc83d650|title = Napoleonic Code|date = 2006|access-date = 17 Feb 2016|website = Gale Virtual Reference Library|publisher = Charles Scribner's Sons|last = Bonfield|first = Lloyd}}</ref> The [[Tenth Amendment to the United States Constitution|10th Amendment]] to the U.S. Constitution grants states control of laws not specifically given to the federal government, so Louisiana's legal system retains many French elements. Examples of the practical legal differences between Louisiana and the other states include the [[Bar examination|bar exam]] and legal standards of practice for attorneys in Louisiana being significantly different from other states; Louisiana is the only U.S. state to practice [[Forced heirship|forced inheritance]] of an estate; additionally, some of Louisiana's laws clash with the [[Uniform Commercial Code]] practiced by the other 49 states.<ref>Engber, Daniel. [http://www.slate.com/articles/news_and_politics/explainer/2005/09/louisianas_napoleon_complex.html Is Louisiana Under Napoleonic Code?] Slate.com, retrieved 11 September 2014</ref>
==Notes==
<ref name=Foot01>{{cite book |author=Roberts, Andrew |title=Napoleon: A Life |publisher=Penguin |year=2014 |chapter=Lawgiver |mode=cs2}}. Of the commission's 107 plenary sessions, Napoleon chaired 55.</ref>
<ref name=Foot02>{{cite book |author=Roberts, Andrew |title=Napoleon: A Life |publisher=Penguin |year=2014 |chapter=Lawgiver |mode=cs2}}. It also failed in the [[Tribunate]].</ref>
<ref name=Foot03>{{cite book |author=Zamoyski, Adam |title=Napoleon: A Life |publisher=Basic Books|year=2018 |chapter=Caesar |mode=cs2}}. It was promulgated as the "Civil Code of the French" (''Code civil des Français''), but would be known as "the Napoleonic Code" (''Code Napoléon'')</ref>
==References==
* {{Cite book|last=Hollins|first=David|title="Battle of Marengo" in The Encyclopedia of the French Revolutionary and Napoleonic War|publisher=ABC-CLIO|year=2006|isbn=1-85109-646-9}}
===Citations===
{{Reflist}}
===General and cited references===
* G. Levasseur, "Napoléon et l’élaboration des codes répressifs", in ''Mélanges en hommage à Jean Imbert'' (Paris, PUF, 1989) p. 371
* [https://web.archive.org/web/20060116023443/http://ledroitcriminel.free.fr/la_legislation_criminelle/anciens_textes.htm ''Code Pénal'' and ''Code d'Instruction Criminelle'' – Original French Texts and other old legislation]
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* Lydorf, Claudia (2012), [http://ieg-ego.eu/en/threads/crossroads/legal-families/claudia-lydorf-romance-legal-family?set_language=en&-C= Romance Legal Family], [http://www.ieg-ego.eu/ EGO – European History Online], Mainz: [http://www.ieg-mainz.de/likecms/index.php Institute of European History], retrieved: 25 March 2021 ([https://d-nb.info/1043606750/34 pdf]).
* Schwartz, Bernard, ed. ''The Code Napoleon and the common-law world: the sesquicentennial lectures delivered at the Law Center of New York University, December 13–15, 1954'' (The Lawbook Exchange, Ltd., 1998). 438 pp.
* Séjean, Michel et al., eds. ''French civil code, 2020: English, French, Arabic''. Trans. David W. Gruning et al. LexisNexis; Paris: Sader Group, 2020.
* Smithers, William W. "The Code Napoléon". ''American Law Register'' (1901): 127–147. {{JSTOR|3306716}}.
* Tunc, André. "Grand Outlines of the Code Napoleon". ''Tulane Law Review'' 29 (1954): 431+.
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