Acode of law, also called alaw code orlegal code, is a systematic collection ofstatutes. It is a type of legislation that purports to exhaustively cover a complete system of laws or a particular area of law as it existed at the time the code was enacted, by a process ofcodification.[1] Though the process and motivations for codification are similar in differentcommon law andcivil law systems, their usage is different.
In a civil law country, a code of law typically exhaustively covers the complete system of law, such as civil law orcriminal law.[further explanation needed]
By contrast, in a common law country with legislative practices in theEnglish 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 theUnited 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.
The legal code was a common feature of the legal systems of the ancient Middle East. Tablets discovered in the ancient city ofEbla (Tell Mardikh in modern-daySyria) provide the earliest known evidence of a law code, dating back to 2400 BC.[2][3] In addition, The UrukAgina Law Code (2380–2360 BC),[4] theSumerianCode of Ur-Nammu (c. 2100–2050 BC),the Code of Eshnunna (approximately 100 years before Lipit-Ishtar),[5][6] theCode of Lipit-Ishtar (1934–1924 BC),[7] and theBabylonianCode of Hammurabi (c. 1760 BC), are among the earliest and best preserved legal codes,[8] originating fromSumer,Mesopotamia (nowIraq).
In theRoman Empire, a number of codifications were developed, such as theTwelve Tables of Roman law (first compiled in 450 BC) and theCorpus Juris Civilis of Justinian, also known as the Justinian Code (429–534 AD). However, these law codes did not exhaustively describe the Roman legal system. The Twelve Tables were limited in scope, and most legal doctrines were developed by thepontifices, who interpreted the tables to deal with situations far beyond what is contained therein. The Justinian Code collected together existing legal material at the time.
In ancientChina, the first comprehensive criminal code was theTang Code, created in 624 AD in theTang dynasty. This, and subsequent imperial codes, formed the basis for the penal system of both China and other East Asian states under its cultural influence. The last and best preserved imperial code is theGreat Qing Legal Code, created in 1644 upon the founding of theQing dynasty. This code was the exclusive and exhaustive statement of Chinese law between 1644 and 1912. Though it was in form a criminal code, large parts of the code dealt with civil law matters and the settlement of civil disputes. The code ceased its operation upon the fall of the Qing dynasty in 1912, but significant provisions remained in operation inHong Kong until well into the 1970s due to a peculiar interaction between it and theBritish common law system.
In Europe,Roman law, especially theCorpus Juris Civilis, became the basis of the legal systems of many countries. Roman law was either adopted by legislation (becomingpositive law), or through processing by jurists. The accepted Roman law is usually then codified and forms part of the central Code. The codification movement gathered pace after the rise ofnation-states after theTreaty of Westphalia. Prominent nationalcivil codes include theFrenchNapoleonic Code (code civil) of 1804, theAustrian civil code (Allgemeines Bürgerliches Gesetzbuch) of 1812, theGerman civil code (Bürgerliches Gesetzbuch) of 1900 and theSwiss codes. The European codifications of the 1800s influenced thecodification ofCatholic canon law[9] resulting in the1917 Code of Canon Law which was replaced by the1983 Code of Canon Law and whose Eastern counterpart is theCode of Canons of the Eastern Churches.
Meanwhile,African civilizations developed their own legal traditions, sometimes codifying them through consistent oral tradition, as illustrated e.g. by theKouroukan Fouga, acharter proclaimed by theMali Empire in 1222–1236, enumerating regulations in both constitutional and civil matters, and transmitted to this day bygriots under oath.[10]
The Continental civil law tradition spread around the world along with European cultural and military dominance in recent centuries. During theMeiji Restoration,Japan adopted a newCivil Code (1898), based primarily on the French civil code and influenced by the German code. After theXinhai Revolution of 1911 in China, the newRepublic of China government abandoned the imperial code tradition and instead adopted a newcivil code strongly influenced by the GermanBürgerliches Gesetzbuch, and also influenced by the Japanese code. This new tradition has been largely maintained in the legal system of thePeople's Republic of China since 1949.
Meanwhile, codifications also became more common incommon law systems. For example, acriminal code is found in a number of common law jurisdictions inAustralia and theAmericas, and continues to be debated inEngland.
In the Americas, the influence of Continental legal codes has manifest itself in two ways. In civil law jurisdictions, legal codes in the Continental tradition are common. In common law jurisdictions, however, there has been a strong trend towards codification.[citation needed] The result of such codification, however, is not always a legal code as found in civil law jurisdictions. For example, theCalifornia Civil Code largely codifies common law doctrine and is very different in form and content from all other civil codes.
Acivil code typically forms the core ofcivil law systems. The legal code typically covers exhaustively the entire system of private law.
Acriminal code orpenal 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.
van Gulik, R.H.Crime and Punishment in Ancient China: The Tang Yin Pi Shih. Orchid Press, 2007.ISBN 9745240915,ISBN 978-974-524-091-9.
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