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
This remark is true, but only in the sense that, as in the Roman
empire, so in Napoleonic France, civil liberty developed in an inverse
ratio to political liberty. Austin thought the code was compiled in
haste and ignorance, and that its lack of definitions to the terms
employed, together with the absence of expositions either of
principles or of distinctions, gave it a "fallacious brevity."
Nevertheless, this very simplicity and brevity have been its strength,
and to this day--with, of course, many substantive modifications, but
still in an undisturbed identity--it successfully dominates France,
Italy, Holland, Belgium, and many important parts of Germany.
Believing it to be the most enduring portion of his labors, Bonaparte
to the latest day of his life claimed the exclusive credit of its
creation, to the unjust disparagement of the other great minds which
coöperated in its formation.
A few of the more easily comprehensible changes which it wrought will
illustrate its character. There are four divisions--one introductory,
the other three treating respectively of the law of persons, the law
of things, and the law of property and inheritance. The subject of the
civil law, the ego, the object of the civil law, the objective or
natural world, the relation between the two, or property--such is, in
a word, the method; the equality of all men before the law is its
principle; the respect for property and the directness of litigation
are its aims. Hereditary nobility and primogeniture were definitely
abolished--every child, of either sex, having equal rights of
inheritance before the law. The right of testamentary disposition was
extended so as to give greater liberty while not interfering with the
principle of family solidarity. To Jews were given the complete
rights of all other citizens, under a series of far-seeing and wise
provisions, set forth in special statutes, which destroyed many of
their antiquated customs, and all the shifts by which they had
hitherto avoided many civil obligations and still evaded the
performance of duties which weighed heavily on others. Every religious
confession was recognized, and all were alike supported by the state;
but the members of all were obliged to submit to official
registration, and to consent to the rite of civil marriage. While, on
the one hand, the necessity of divorce under certain conditions was
recognized and provisions were made for it; on the other, a series of
stringent and even barbarous regulations knitted the family more
closely together than ever before, or elsewhere in the world, and made
it a social rock against which political storms beat in vain to shake
the established order. Napoleon's iron will alone realized the notions
of regenerating feudal society which philosophers had formed and
agitators had sought in vain to establish.