Code of law
A systematic collection of statutes that exhaustively covers a complete system of laws or a particular area of law.
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A code of law, also known as a law code or legal code, represents a systematic compilation of statutes created through a process called codification. Its purpose is to comprehensively cover either an entire legal system or a specific area of law as it stood at the time of enactment. While the underlying reasons for codification are similar across both common law and civil law traditions, the application of these codes differs markedly.
In civil law countries, a code typically aims to exhaustively cover a complete legal field, such as all of civil or criminal law. In contrast, in common law countries following English legislative practices, a code modifies the existing common law only to the extent of its explicit or implied provisions, leaving the rest of the common law intact. In the United States and similar jurisdictions, a legal code is a standing body of statute law on a particular subject, which is amended by individual legislative acts.
Historically, legal codes were a common feature of ancient Middle Eastern legal systems. The earliest known evidence of a law code comes from tablets discovered at Ebla in modern-day Syria, dating to 2400 BC. Other early examples from Sumer and Mesopotamia include the UrukAgina Law Code, the Code of Ur-Nammu, the Code of Eshnunna, the Code of Lipit-Ishtar, and the well-known Babylonian Code of Hammurabi. In the Roman Empire, codes like the Twelve Tables and the Corpus Juris Civilis (Justinian Code) were developed, though neither exhaustively described the entire Roman legal system.
In ancient China, the first comprehensive criminal code was the Tang Code of 624 AD, which, along with later imperial codes, formed the basis for penal systems in China and other East Asian states. The last and best-preserved imperial code was the Great Qing Legal Code, which served as the exclusive statement of Chinese law from 1644 until 1912, and significant parts remained in effect in Hong Kong into the 1970s. In Europe, Roman law, especially the Corpus Juris Civilis, became the foundation for many legal systems, often being codified into central codes. The codification movement accelerated after the rise of nation-states following the Treaty of Westphalia, producing prominent national codes such as the French Napoleonic Code of 1804, the Austrian civil code of 1812, and the German civil code of 1900.
Lore & Background
The legal code was a common feature of the legal systems of the ancient Middle East. Tablets discovered in the ancient city of Ebla (Tell Mardikh in modern-day Syria) provide the earliest known evidence of a law code, dating back to 2400 BC. In addition, The UrukAgina Law Code (2380–2360 BC), the Sumerian Code of Ur-Nammu (–2050 BC), the Code of Eshnunna (approximately 100 years before Lipit-Ishtar), the Code of Lipit-Ishtar (1934–1924 BC), and the Babylonian Code of Hammurabi (), are among the earliest and best preserved legal codes, originating from Sumer, Mesopotamia (now Iraq).
In the Roman Empire, a number of codes were developed, such as the Twelve Tables of Roman law (first compiled in 450 BC) and the Corpus Juris Civilis of Justinian, also known as the Justinian Code (429–534 AD). In ancient China, the first comprehensive criminal code was the Tang Code, created in 624 AD in the Tang dynasty. The last and best preserved imperial code is the Great Qing Legal Code, created in 1644 upon the founding of the Qing dynasty. This code was the exclusive and exhaustive statement of Chinese law between 1644 and 1912.
In Europe, Roman law, especially the Corpus Juris Civilis, became the basis of the legal systems of many countries. Prominent national civil codes include the French Napoleonic Code (code civil) of 1804, the Austrian civil code (Allgemeines Bürgerliches Gesetzbuch) of 1812, the German civil code (Bürgerliches Gesetzbuch) of 1900 and the Swiss codes. Meanwhile, African civilizations developed their own legal traditions, sometimes codifying them through consistent oral tradition, as illustrated e.g. by the Kouroukan Fouga, a charter proclaimed by the Mali Empire in 1222–1236, enumerating regulations in both constitutional and civil matters, and transmitted to this day by griots under oath.
Reader's Guide
In a civil law country, a code of law typically exhaustively covers the complete system of law, such as civil law or criminal law. By contrast, in a common law country with legislative practices in the English tradition, codes modify the existing common law only to the extent of its express or implicit provision, but otherwise leaves the common law intact. In the United States and other common law countries that have adopted similar legislative practices, a code of law is a standing body of statute law on a particular area, which is added to, subtracted from, or otherwise modified by individual legislative enactments. A civil code typically forms the core of civil law systems.
The legal code typically covers exhaustively the entire system of private law. A criminal code or penal code is a common feature in many legal systems. Codification of the criminal law allows the criminal law to be more accessible and more democratically made and amended.
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Sources
Compiled from Wikipedia and the sources listed below. Text from Wikipedia is available under CC BY-SA 4.0; this entry is adapted from it.
- Wikipedia: Code of law (CC BY-SA 4.0).
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