Napoleonic Code: Difference between revisions

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>

Napoleon himself was not involved in the drafting of the Code, as it was drafted by a commission of four eminent jurists and entered into force on 21 March 1804.<ref name="Robert B. Holtman 1981">Robert B. Holtman, ''The Napoleonic Revolution'' (Baton Rouge: [[Louisiana State University Press]], 1981)</ref> The code, with its stress on clearly written and accessible law, was a major milestone in the abolition of the previous patchwork of [[Feudalism|feudal]] laws.<ref>{{cite journal | url=https://www.jstor.org/stable/pdf/1327640.pdf | jstor=1327640 | title=Napoleon and His Code | last1=Lobingier | first1=Charles Sumner | journal=Harvard Law Review | date=1918 | volume=32 | issue=2 | pages=114–134 | doi=10.2307/1327640 }}</ref> Historian Robert Holtman regards it as one of the few documents that have influenced the whole world.<ref name="Robert B. Holtman 1981"/> The Napoleonic Code is often portrayed to be one of the most widespread systems of law in the world, claimed to be in force in various forms in about 120 countries, but many of those countries are [[civil code]] countries that had their own version of their civil code for centuries.<ref>{{cite web |title=The Napoleonic Code {{!}} History of Western Civilization II |url=https://courses.lumenlearning.com/suny-hccc-worldhistory2/chapter/the-napoleonic-code/ |website=courses.lumenlearning.com |access-date=30 January 2021}}</ref>

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 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>{{cnCite book |last=Chern |first=Cyril |url=https://books.google.com/books?id=J1PhCwAAQBAJ |title=The Law of Construction Disputes |date=June2016-04-04 2023|publisher=CRC Press |isbn=978-1-317-43346-0 |language=en}}</ref> However, remand still was usual for defendants suspected of serious crimes such as murder.

<ref name=Foot02Foot03>{{cite book |author=Zamoyski, Adam |title=Napoleon: A Life |publisher=PenguinBasic 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>