The Life of Napoleon Bonaparte. Vol. 2 (of 4) — John Stuart Mill — John Shaqi
The Life of Napoleon Bonaparte. Vol. 2 (of 4)
John Stuart Mill · en
The climax of these beneficent changes was a corresponding reform and
simplification of the laws. The name of Napoleon has been erased from
many of his institutions, but it still endures on that splendid system
of jurisprudence known as the Code Napoléon, and in the annals of
law-making it vies in luster with that of Justinian. The monarchy,
before its fall, had become aware of the inconvenience attaching to
the diversity of legal practice in the various French provinces. At
one extreme was the old customary law of the northern inhabitants, at
the other was the nearly pure Roman law of the south, and between them
every variety of peculiar and complicated local practice. One of the
meanings of the Revolutionary watchword "Equality" was the reform of
this inequality; but the turmoil prevalent during the years of the
Assembly, the Convention, and the Directory had made it impossible to
complete the work. Nevertheless, those years had been full of
discussion, and Cambacérès had a project in readiness. So convinced
was Bonaparte of the urgency of reform that on the very night in which
he assumed the reins of government the two commissions were charged
with the performance of the repeated promises which every republican
government had made. A statute was formulated, and passed on August
twelfth, 1800. In accordance with its provisions, a committee of three
great jurists--Tronchet, Bigot de Préameneu, and Portalis, with
Malleville as secretary--was appointed to make a draft. This was
completed in four months, submitted to the courts of appeal for
suggestions, and then in the council of state, the sessions of which
Bonaparte regularly attended, was speedily revised into its final
form. In the following year the code was promulgated.
The famous body of laws owes its solid value to its historical
foundation; for it is a compound of the ancient customs, the Roman
law, and the experiences of the Revolution, the third element
dominating the other two. Cambacérès's project is its basis, the
deliberations of the commissions molded its form, its paragraphs were
polished in the council of state according to the opinions of Boulay
de la Meurthe, Berlier, Treilhard, Cambacérès, and Lebrun, and
Bonaparte himself was the author of many radical regulations
concerning marriage, divorce, and property. Simplicity, directness,
comprehensibility, and appropriateness are the marks of the entire
structure, as they are confessedly characteristic of the First
Consul's mind. His good sense and his diligence are stamped on every
page. On the other hand, in many places it bears also the marks of
his unscientific and untrained intellect; and Savigny, the Prussian
jurist, went so far as to characterize it as a "political malady."