Citizen Impact
strong>citizen impact
What impact did the Napoleonic Code (The Civil Code) have on the Modern Canadian Legal System?
I've already came up with the following:
Under the Napoleonic code, all male citizens are treated equally. The modern Canadian legal system has taken out this misogynistic aspect. However, the Canadian legal system does treat every citizen equally.
The Napoleonic code separated civil law into Property and Family Law, which the modern Canadian legal system still uses.
The Quebec Civil code is modelled out of the Napoloenic Code.
I know there is a lot more to add, can anybody help me out?
Aww crap, nobody knows? Lol.
Heh I hate it when people don't even attempt to answer my questions, so though my knowledge of this is fragmented, I'll still try to answer.
In regards to your findings, the Code did hi-light the patriarchal power, and also made property rights absolute.
To my understanding, the Code Napoléon strictly and clearly set the general principles that would be used to settle disputes, and made sure that it was accessible so that everyone knew the Code. This heavily enforces the rule of law, which basically states that no one is above the law, unlike common law that does not really support the rule of law (IMO on the last part, anyways).
Having it clearly written also didn't allow the judges to have the final word in private law because there were the statutory laws that were stated in the Code.
This is opposed to common law, where decisions are based on the precedent set by previous, similar cases. The decision would become rather customary in the court. This made common law continuously evolve based only on past decisions, but the Code Napoléon doesn't change--it has the guidelines that the courts are supposed to follow and serves as a constant reference. Am I right so far?
As for the Napoleonic Code's impact on today’s Canadian legal system, we still follow the common law more than legislative law. Today’s legal system is, quote from our own government website, “flexible and adaptable to changing circumstances.”
Quebec follows something like the static Napoleonic Code for private law only--for public law it follows common law, I believe. They refer first to their civil law code which is based on the Code Napoléon, and only after will they look to previous cases. Common law doesn’t have this civil law code and we look immediately to past cases.
The Code also made it so that for the laws to be applied in the court they must have been officially published, which made no secret laws valid. I suppose this particular aspect is continued today, because I don’t think I can go and claim that there’s a law that lets me take the entire bank’s money without some official publication of that law.
It is also one of the only ones that forced mutual feelings for divorce to happen, so I suppose that’s also another of its effects today; the request for divorce today has to be mutual or it’ll fall through.
That’s all I can come up with. It’s just a tad bit long, but hope it helped, anyways.
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