Codification
Encyclopedia
In law
, codification is the process of collecting and restating the law of a jurisdiction
in certain areas, usually by subject, forming a legal code
, i.e. a codex
(book
) of law.
's Code of Ur-Nammu
was compiled circa 2100-2050 BC, and is the earliest known surviving civil code
. Three centuries later, the Babylonia
n king Hammurabi
enacted the set of laws named after him
.
Besides religious laws such as the Torah
, important codifications were developed in the ancient Roman Empire
, with the compilations of the Lex Duodecim Tabularum
and much later the Corpus Iuris Civilis. These codified laws were the exceptions rather than the rule, however, as during much of ancient times Roman law
s were left mostly uncodified.
The first permanent system of codified laws could be found in China
, with the compilation of the Tang Code
in CE 624. This formed the basis of the Chinese criminal code
, which was then replaced by the Great Qing Legal Code
, which was in turn abolished in 1912 following the Xinhai Revolution
and the establishment of the Republic of China
. The new laws of the Republic of China were inspired by the German codified work, the Bürgerliches Gesetzbuch
. A very influential example in Europe was the French Napoleonic code
of 1804.
Another early system of laws is Hindu law
framed by Manu and called as Manu Smriti
, dating back to the 2nd century BC. The use of civil codes in Islamic Sharia
law began with the Ottoman Empire
in the 19th century AD.
has been codified in many jurisdictions in many areas; examples include the Law of General Obligations of New York
State, the English law relating to marine insurance
in the Marine Insurance Act 1906
, which was originally judge-made common law
, and the California Civil Code
.
In civil law
jurisdictions, codification has also occurred in many areas. Statutes of the Grand Duchy of Lithuania were most notable codifications of law in the Central and Eastern Europe of the 16th century. The codification movement developed out of the philosophy of the Enlightenment
and began in several European countries during the late 18th century (see civil code
). However, it only gained significant momentum with the enactment of the French Napoleonic Code
in 1804.
, such as federal statutes, are published chronologically in the order in which they become law — often by being signed by the President
, on an individual basis in official pamphlets called "slip law
s," and are grouped together in official bound book form, also chronologically, as "session laws." The "session law" publication for Federal statutes is called the United States Statutes at Large
. Any given act may be only one page, or hundreds of pages, in length. An act may be classified as either a "Public Law" or a "Private Law."
Because each Congressional act may contain laws on a variety of topics, many acts, or portions thereof are also rearranged and published in a topical, subject matter codification. The official codification of Federal statutes is called the United States Code
. Generally, only "Public Laws" are codified. The United States Code is divided into "titles" (based on overall topics) numbered 1 through 51. Title 18, for example, contains many of the Federal criminal statutes. Title 26 is the Internal Revenue Code
.
Even in code form, however, many statutes by their nature pertain to more than one topic. For example, the statute making tax evasion
a felony pertains to both criminal law and tax law, but is found only in the Internal Revenue Code. Other statutes pertaining to taxation are found not in the Internal Revenue Code but instead, for example, in the Bankruptcy Code in Title 11 of the United States Code
, or the Judiciary Code in Title 28
. Another example is that the national minimum drinking age, not logically found in Title 27, Intoxicating liquors, but in Title 23
, Highways, §158.
Further, portions of some Congressional acts, such as the provisions for the effective dates of amendments to codified laws, are themselves not codified at all. These statutes may be found by referring to the acts as published in "slip law" and "session law" form. However, commercial publications that specialize in legal materials often arrange and print the uncodified statutes with the codes to which they pertain.
In the United States, the individual states, either officially or through private commercial publishers, generally follow the same three-part model for the publication of their own statutes: slip law, session law, and codification.
In 1930 the League of Nations held at the Hague a conference
for the purpose of codification of rules on general matters, but very little progress was made.
Following the Second World War, the International Law Commission
was established within the United Nations as a permanent body for the formulation of principles in international law.
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
, codification is the process of collecting and restating the law of a jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
in certain areas, usually by subject, forming a legal code
Legal code
A legal code is a body of law written by a governmental body, such as a U.S. state, a Canadian Province or German Bundesland or a municipality...
, i.e. a codex
Codex
A codex is a book in the format used for modern books, with multiple quires or gatherings typically bound together and given a cover.Developed by the Romans from wooden writing tablets, its gradual replacement...
(book
Book
A book is a set or collection of written, printed, illustrated, or blank sheets, made of hot lava, paper, parchment, or other materials, usually fastened together to hinge at one side. A single sheet within a book is called a leaf or leaflet, and each side of a leaf is called a page...
) of law.
History
Ancient SumerSumer
Sumer was a civilization and historical region in southern Mesopotamia, modern Iraq during the Chalcolithic and Early Bronze Age....
's Code of Ur-Nammu
Code of Ur-Nammu
The Code of Ur-Nammu is the oldest known tablet containing a law code surviving today. It was written in the Sumerian language circa 2100 BC-2050 BC...
was compiled circa 2100-2050 BC, and is the earliest known surviving civil code
Civil code
A civil code is a systematic collection of laws designed to comprehensively deal with the core areas of private law. A jurisdiction that has a civil code generally also has a code of civil procedure...
. Three centuries later, the Babylonia
Babylonia
Babylonia was an ancient cultural region in central-southern Mesopotamia , with Babylon as its capital. Babylonia emerged as a major power when Hammurabi Babylonia was an ancient cultural region in central-southern Mesopotamia (present-day Iraq), with Babylon as its capital. Babylonia emerged as...
n king Hammurabi
Hammurabi
Hammurabi Hammurabi Hammurabi (Akkadian from Amorite ʻAmmurāpi, "the kinsman is a healer", from ʻAmmu, "paternal kinsman", and Rāpi, "healer"; (died c...
enacted the set of laws named after him
Code of Hammurabi
The Code of Hammurabi is a well-preserved Babylonian law code, dating to ca. 1780 BC . It is one of the oldest deciphered writings of significant length in the world. The sixth Babylonian king, Hammurabi, enacted the code, and partial copies exist on a human-sized stone stele and various clay...
.
Besides religious laws such as the Torah
Torah
Torah- A scroll containing the first five books of the BibleThe Torah , is name given by Jews to the first five books of the bible—Genesis , Exodus , Leviticus , Numbers and Deuteronomy Torah- A scroll containing the first five books of the BibleThe Torah , is name given by Jews to the first five...
, important codifications were developed in the ancient Roman Empire
Roman Empire
The Roman Empire was the post-Republican period of the ancient Roman civilization, characterised by an autocratic form of government and large territorial holdings in Europe and around the Mediterranean....
, with the compilations of the Lex Duodecim Tabularum
Twelve Tables
The Law of the Twelve Tables was the ancient legislation that stood at the foundation of Roman law. The Law of the Twelve Tables formed the centrepiece of the constitution of the Roman Republic and the core of the mos maiorum...
and much later the Corpus Iuris Civilis. These codified laws were the exceptions rather than the rule, however, as during much of ancient times Roman law
Roman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
s were left mostly uncodified.
The first permanent system of codified laws could be found in China
China
Chinese civilization may refer to:* China for more general discussion of the country.* Chinese culture* Greater China, the transnational community of ethnic Chinese.* History of China* Sinosphere, the area historically affected by Chinese culture...
, with the compilation of the Tang Code
Tang Code
The Tang Code was a penal code that was established and used during the Tang Dynasty in China. Supplemented by civil statutes and regulations, it became the basis for later dynastic codes not only in China but elsewhere in East Asia. The Code synthesised Legalist and Confucian interpretations of...
in CE 624. This formed the basis of the Chinese criminal code
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
, which was then replaced by the Great Qing Legal Code
Great Qing Legal Code
The Great Qing Legal Code or Qing Code was the legal code of Qing dynasty . The code was based on the Ming legal system, which was kept largely intact...
, which was in turn abolished in 1912 following the Xinhai Revolution
Xinhai Revolution
The Xinhai Revolution or Hsinhai Revolution, also known as Revolution of 1911 or the Chinese Revolution, was a revolution that overthrew China's last imperial dynasty, the Qing , and established the Republic of China...
and the establishment of the Republic of China
Republic of China
The Republic of China , commonly known as Taiwan , is a unitary sovereign state located in East Asia. Originally based in mainland China, the Republic of China currently governs the island of Taiwan , which forms over 99% of its current territory, as well as Penghu, Kinmen, Matsu and other minor...
. The new laws of the Republic of China were inspired by the German codified work, the Bürgerliches Gesetzbuch
Bürgerliches Gesetzbuch
The Bürgerliches Gesetzbuch is the civil code of Germany. In development since 1881, it became effective on January 1, 1900, and was considered a massive and groundbreaking project....
. A very influential example in Europe was the French Napoleonic code
Napoleonic code
The Napoleonic Code — or Code Napoléon — is the French civil code, established under Napoléon I in 1804. The code forbade privileges based on birth, allowed freedom of religion, and specified that government jobs go to the most qualified...
of 1804.
Another early system of laws is Hindu law
Hindu law
Hindu law in its current usage refers to the system of personal laws applied to Hindus, especially in India...
framed by Manu and called as Manu Smriti
Manu Smriti
' , also known as Mānava-Dharmaśāstra , is the most important and earliest metrical work of the Dharmaśāstra textual tradition of Hinduism...
, dating back to the 2nd century BC. The use of civil codes in Islamic Sharia
Sharia
Sharia law, is the moral code and religious law of Islam. Sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to...
law began with the Ottoman Empire
Ottoman Empire
The Ottoman EmpireIt was usually referred to as the "Ottoman Empire", the "Turkish Empire", the "Ottoman Caliphate" or more commonly "Turkey" by its contemporaries...
in the 19th century AD.
Codification in common law and civil law jurisdictions
Contrary to popular belief, the common lawCommon law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
has been codified in many jurisdictions in many areas; examples include the Law of General Obligations of New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
State, the English law relating to marine insurance
Marine insurance
Marine insurance covers the loss or damage of ships, cargo, terminals, and any transport or cargo by which property is transferred, acquired, or held between the points of origin and final destination....
in the Marine Insurance Act 1906
Marine Insurance Act 1906
The Marine Insurance Act 1906 is a UK Act of Parliament regulating marine insurance. The Act was drafted by Sir Mackenzie Dalzell Chalmers, who had earlier drafted the Sale of Goods Act 1893. The Marine Insurance Act 1906 is of huge significance, as it does not merely govern English Law, but...
, which was originally judge-made common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
, and the California Civil Code
California Civil Code
The Civil Code of California is a collection of statutes for the State of California. The code is made up of statutes which govern the general obligations and rights of persons within the jurisdiction of California...
.
In civil law
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...
jurisdictions, codification has also occurred in many areas. Statutes of the Grand Duchy of Lithuania were most notable codifications of law in the Central and Eastern Europe of the 16th century. The codification movement developed out of the philosophy of the Enlightenment
Age of Enlightenment
The Age of Enlightenment was an elite cultural movement of intellectuals in 18th century Europe that sought to mobilize the power of reason in order to reform society and advance knowledge. It promoted intellectual interchange and opposed intolerance and abuses in church and state...
and began in several European countries during the late 18th century (see civil code
Civil code
A civil code is a systematic collection of laws designed to comprehensively deal with the core areas of private law. A jurisdiction that has a civil code generally also has a code of civil procedure...
). However, it only gained significant momentum with the enactment of the French Napoleonic Code
Napoleonic code
The Napoleonic Code — or Code Napoléon — is the French civil code, established under Napoléon I in 1804. The code forbade privileges based on birth, allowed freedom of religion, and specified that government jobs go to the most qualified...
in 1804.
Codification in the United States
In the United States, acts of CongressAct of Congress
An Act of Congress is a statute enacted by government with a legislature named "Congress," such as the United States Congress or the Congress of the Philippines....
, such as federal statutes, are published chronologically in the order in which they become law — often by being signed by the President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
, on an individual basis in official pamphlets called "slip law
Slip law
In the United States, a slip law is an individual Act of Congress, which are either public laws or private laws . They are part of a three-part model for publication of Federal statutes consisting of slip laws, session laws, and codification...
s," and are grouped together in official bound book form, also chronologically, as "session laws." The "session law" publication for Federal statutes is called the United States Statutes at Large
United States Statutes at Large
The United States Statutes at Large, commonly referred to as the Statutes at Large and abbreviated Stat., are the official source for the laws and concurrent resolutions passed by the United States Congress...
. Any given act may be only one page, or hundreds of pages, in length. An act may be classified as either a "Public Law" or a "Private Law."
Because each Congressional act may contain laws on a variety of topics, many acts, or portions thereof are also rearranged and published in a topical, subject matter codification. The official codification of Federal statutes is called the United States Code
United States Code
The Code of Laws of the United States of America is a compilation and codification of the general and permanent federal laws of the United States...
. Generally, only "Public Laws" are codified. The United States Code is divided into "titles" (based on overall topics) numbered 1 through 51. Title 18, for example, contains many of the Federal criminal statutes. Title 26 is the Internal Revenue Code
Internal Revenue Code
The Internal Revenue Code is the domestic portion of Federal statutory tax law in the United States, published in various volumes of the United States Statutes at Large, and separately as Title 26 of the United States Code...
.
Even in code form, however, many statutes by their nature pertain to more than one topic. For example, the statute making tax evasion
Tax avoidance and tax evasion
Tax noncompliance describes a range of activities that are unfavorable to a state's tax system. These include tax avoidance, which refers to reducing taxes by legal means, and tax evasion which refers to the criminal non-payment of tax liabilities....
a felony pertains to both criminal law and tax law, but is found only in the Internal Revenue Code. Other statutes pertaining to taxation are found not in the Internal Revenue Code but instead, for example, in the Bankruptcy Code in Title 11 of the United States Code
Title 11 of the United States Code
Title 11 of the United States Code is the primary source of bankruptcy law in the United States Code.-Contents:Title 11 is subdivided into nine chapters. It used to include more chapters, but some of them have since been repealed in their entirety...
, or the Judiciary Code in Title 28
Title 28 of the United States Code
Title 28 is the portion of the United States Code that governs the federal judicial system.It is divided into six parts:* Part I: Organization of Courts* Part II: Department of Justice...
. Another example is that the national minimum drinking age, not logically found in Title 27, Intoxicating liquors, but in Title 23
Title 23 of the United States Code
Title 23 of the United States Code outlines the role of highways in the United States Code.—Federal-Aid Highways—Other Highways—General Provisions—Highway Safety—Research And Technology-External links:*, via United States Government Printing Office...
, Highways, §158.
Further, portions of some Congressional acts, such as the provisions for the effective dates of amendments to codified laws, are themselves not codified at all. These statutes may be found by referring to the acts as published in "slip law" and "session law" form. However, commercial publications that specialize in legal materials often arrange and print the uncodified statutes with the codes to which they pertain.
In the United States, the individual states, either officially or through private commercial publishers, generally follow the same three-part model for the publication of their own statutes: slip law, session law, and codification.
In international law
Following the First World War and the establishment of the League of Nations, the need for codification of international law arose. In September 1924, the General Assembly of the League established a committee of experts for the purpose of codification of international law, which was defined by the Assembly as consisting of two aspects:- Putting existing customs into written international agreements
- Developing further rules
In 1930 the League of Nations held at the Hague a conference
League of Nations Codification Conference, 1930
The League of Nations Codification Conference was a conference that was held in the Hague from March 13 to April 12, 1930, for the purpose of formulating accepted rules in international law to subjects that until then were not addressed thoroughly...
for the purpose of codification of rules on general matters, but very little progress was made.
Following the Second World War, the International Law Commission
International Law Commission
The International Law Commission was established by the United Nations General Assembly in 1948 for the "promotion of the progressive development of international law and its codification."It holds an annual session at the United Nations Office at Geneva....
was established within the United Nations as a permanent body for the formulation of principles in international law.