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A code of law, also called a law code or legal code, is a systematic collection of statutes. 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 of codification. Though the process and motivations for codification are similar in different
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
and civil 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 or
criminal law Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law i ...
. By contrast, in a common law country with legislative practices in the English tradition, modify the existing common law only to the extent of its express or implicit provision, but otherwise leaves the common law intact. A code entirely replaces the common law in a particular area, leaving the common law inoperative unless and until the code is repealed. In a third case of slightly different usage, in the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
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.


History

The legal code was a common feature of the legal systems of the ancient Middle East. The UrukAgina Law Code (2380–2360 BC), which most probably is predated by older laws, which yet have to be discovered, the
Sumer Sumer () is the earliest known civilization in the historical region of southern Mesopotamia (south-central Iraq), emerging during the Chalcolithic and early Bronze Ages between the sixth and fifth millennium BC. It is one of the cradles of c ...
ian Code of Ur-Nammu (c. 2100–2050 BC), the Law Code of Eshnunna (approximately 100 years before Lipit-Ishtar), the Law Code of
Lipit-Ishtar Lipit-Ishtar (Akkadian: ''Lipit-Ištar''; ''fl.'' ''c.'' 1870 BC – ''c.'' 1860 BC by the short chronology of the ancient near east) was the 5th king of the First Dynasty of Isin, according to the ''Sumerian King List'' (''SKL''). Also according ...
(1934–1924 BC), and the
Babylon ''Bābili(m)'' * sux, 𒆍𒀭𒊏𒆠 * arc, 𐡁𐡁𐡋 ''Bāḇel'' * syc, ܒܒܠ ''Bāḇel'' * grc-gre, Βαβυλών ''Babylṓn'' * he, בָּבֶל ''Bāvel'' * peo, 𐎲𐎠𐎲𐎡𐎽𐎢 ''Bābiru'' * elx, 𒀸𒁀𒉿𒇷 ''Babi ...
ian
Code of Hammurabi The Code of Hammurabi is a Babylonian legal text composed 1755–1750 BC. It is the longest, best-organised, and best-preserved legal text from the ancient Near East. It is written in the Old Babylonian dialect of Akkadian, purportedly by Hamm ...
(c. 1760 BC), are among the earliest and best preserved legal codes, originating from
Sumer Sumer () is the earliest known civilization in the historical region of southern Mesopotamia (south-central Iraq), emerging during the Chalcolithic and early Bronze Ages between the sixth and fifth millennium BC. It is one of the cradles of c ...
,
Mesopotamia Mesopotamia ''Mesopotamíā''; ar, بِلَاد ٱلرَّافِدَيْن or ; syc, ܐܪܡ ܢܗܪ̈ܝܢ, or , ) is a historical region of Western Asia situated within the Tigris–Euphrates river system, in the northern part of the F ...
(now
Iraq Iraq,; ku, عێراق, translit=Êraq officially the Republic of Iraq, '; ku, کۆماری عێراق, translit=Komarî Êraq is a country in Western Asia. It is bordered by Turkey to Iraq–Turkey border, the north, Iran to Iran–Iraq ...
). In the
Roman empire The Roman Empire ( la, Imperium Romanum ; grc-gre, Βασιλεία τῶν Ῥωμαίων, Basileía tôn Rhōmaíōn) was the post-Republican period of ancient Rome. As a polity, it included large territorial holdings around the Mediterr ...
, a number of codifications were developed, such as the
Twelve Tables The Laws of the Twelve Tables was the legislation that stood at the foundation of Roman law. Formally promulgated in 449 BC, the Tables consolidated earlier traditions into an enduring set of laws.Crawford, M.H. 'Twelve Tables' in Simon Hornblowe ...
of Roman law (first compiled in 450 BC) and the ''
Corpus Juris Civilis The ''Corpus Juris'' (or ''Iuris'') ''Civilis'' ("Body of Civil Law") is the modern name for a collection of fundamental works in jurisprudence, issued from 529 to 534 by order of Justinian I, Byzantine Emperor. It is also sometimes referred ...
'' 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 the ''
pontifices A pontiff (from Latin ''pontifex'') was, in Roman antiquity, a member of the most illustrious of the colleges of priests of the Roman religion, the College of Pontiffs."Pontifex". "Oxford English Dictionary", March 2007 The term "pontiff" was lat ...
'', 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 ancient
China China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's most populous country, with a population exceeding 1.4 billion, slightly ahead of India. China spans the equivalent of five time zones and ...
, the first comprehensive criminal code was the
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 Cod ...
, created in 624 AD in the
Tang dynasty The Tang dynasty (, ; zh, t= ), or Tang Empire, was an Dynasties in Chinese history, imperial dynasty of China that ruled from 618 to 907 AD, with an Zhou dynasty (690–705), interregnum between 690 and 705. It was preceded by the Sui dyn ...
. 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 the
Great Qing Legal Code The Great Qing Legal Code (or Great Ching Legal Code), also known as the Qing Code (Ching Code) or, in Hong Kong law, as the ''Ta Tsing Leu Lee'' (大清律例), was the legal code of the Qing empire (1644–1912). The code was based on the Mi ...
, created in 1644 upon the founding of the
Qing dynasty The Qing dynasty ( ), officially the Great Qing,, was a Manchu-led imperial dynasty of China and the last orthodox dynasty in Chinese history. It emerged from the Later Jin dynasty founded by the Jianzhou Jurchens, a Tungusic-speak ...
. 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 in
Hong Kong Hong Kong ( (US) or (UK); , ), officially the Hong Kong Special Administrative Region of the People's Republic of China ( abbr. Hong Kong SAR or HKSAR), is a city and special administrative region of China on the eastern Pearl River Delt ...
until well into the 1970s due to a peculiar interaction between it and the
British British may refer to: Peoples, culture, and language * British people, nationals or natives of the United Kingdom, British Overseas Territories, and Crown Dependencies. ** Britishness, the British identity and common culture * British English, ...
common law system. In Europe,
Roman law Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the ''Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor J ...
, especially the ''
Corpus Juris Civilis The ''Corpus Juris'' (or ''Iuris'') ''Civilis'' ("Body of Civil Law") is the modern name for a collection of fundamental works in jurisprudence, issued from 529 to 534 by order of Justinian I, Byzantine Emperor. It is also sometimes referred ...
'', became the basis of the legal systems of many countries. Roman law was either adopted by legislation (becoming positive 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 of
nation-state A nation state is a political unit where the state and nation are congruent. It is a more precise concept than "country", since a country does not need to have a predominant ethnic group. A nation, in the sense of a common ethnicity, may inc ...
s after the
Treaty of Westphalia The Peace of Westphalia (german: Westfälischer Friede, ) is the collective name for two peace treaties signed in October 1648 in the Westphalian cities of Osnabrück and Münster. They ended the Thirty Years' War (1618–1648) and brought pea ...
. Prominent national
civil code A civil code is a codification of private law relating to property, family, and obligations. A jurisdiction that has a civil code generally also has a code of civil procedure. In some jurisdictions with a civil code, a number of the core ar ...
s include the Napoleonic Code (''code civil'') of 1804, the
German German(s) may refer to: * Germany (of or related to) ** Germania (historical use) * Germans, citizens of Germany, people of German ancestry, or native speakers of the German language ** For citizens of Germany, see also German nationality law **Ge ...
civil code A civil code is a codification of private law relating to property, family, and obligations. A jurisdiction that has a civil code generally also has a code of civil procedure. In some jurisdictions with a civil code, a number of the core ar ...
(''
Bürgerliches Gesetzbuch The ''Bürgerliches Gesetzbuch'' (, ), abbreviated BGB, is the civil code of Germany. In development since 1881, it became effective on 1 January 1900, and was considered a massive and groundbreaking project. The BGB served as a template in sev ...
'') of 1900 and the Swiss codes. The European codifications of the 1800s influenced the codification of
Catholic canon law The canon law of the Catholic Church ("canon law" comes from Latin ') is "how the Church organizes and governs herself". It is the legal system, system of laws and canon law, ecclesiastical legal principles made and enforced by the Hierarchy of the ...
resulting in the
1917 Code of Canon Law The 1917 ''Code of Canon Law'' (abbreviated 1917 CIC, from its Latin title ), also referred to as the Pio-Benedictine Code,Dr. Edward Peters accessed June-9-2013 was the first official comprehensive codification of Latin canon law. Ordered ...
which was replaced by the
1983 Code of Canon Law The 1983 ''Code of Canon Law'' (abbreviated 1983 CIC from its Latin title ''Codex Iuris Canonici''), also called the Johanno-Pauline Code, is the "fundamental body of ecclesiastical laws for the Latin Church". It is the second and current comp ...
and whose Eastern counterpart is the
Code of Canons of the Eastern Churches The ''Code of Canons of the Eastern Churches'' (CCEC; la, Codex Canonum Ecclesiarum Orientalium, abbreviated CCEO) is the title of the 1990 codification of the common portions of the canon law for the 23 Eastern Catholic Churches in the Catholic ...
. Meanwhile,
Africa Africa is the world's second-largest and second-most populous continent, after Asia in both cases. At about 30.3 million km2 (11.7 million square miles) including adjacent islands, it covers 6% of Earth's total surface area ...
n civilizations developed their own legal traditions, sometimes codifying them through consistent oral tradition, as illustrated e.g. by the
Kouroukan Fouga According to the ''Epic of Sundiata'', Kouroukan Fouga or Kurukan Fuga was the constitution of the Mali Empire created after the Battle of Krina (1235) by an assembly of nobles to create a government for the newly established empire. According to ...
, a
charter A charter is the grant of authority or rights, stating that the granter formally recognizes the prerogative of the recipient to exercise the rights specified. It is implicit that the granter retains superiority (or sovereignty), and that the rec ...
proclaimed by the
Mali Empire The Mali Empire ( Manding: ''Mandé''Ki-Zerbo, Joseph: ''UNESCO General History of Africa, Vol. IV, Abridged Edition: Africa from the Twelfth to the Sixteenth Century'', p. 57. University of California Press, 1997. or Manden; ar, مالي, Māl ...
in 1222–1236, enumerating regulations in both constitutional and civil matters, and transmitted to this day by
griot A griot (; ; Manding: jali or jeli (in N'Ko: , ''djeli'' or ''djéli'' in French spelling); Serer: kevel or kewel / okawul; Wolof: gewel) is a West African historian, storyteller, praise singer, poet, and/or musician. The griot is a repos ...
s under oath. The Continental civil law tradition spread around the world along with European cultural and military dominance in recent centuries. During the
Meiji Restoration The , referred to at the time as the , and also known as the Meiji Renovation, Revolution, Regeneration, Reform, or Renewal, was a political event that restored practical imperial rule to Japan in 1868 under Emperor Meiji. Although there were ...
,
Japan Japan ( ja, 日本, or , and formally , ''Nihonkoku'') is an island country in East Asia. It is situated in the northwest Pacific Ocean, and is bordered on the west by the Sea of Japan, while extending from the Sea of Okhotsk in the north ...
adopted a new
Civil Code A civil code is a codification of private law relating to property, family, and obligations. A jurisdiction that has a civil code generally also has a code of civil procedure. In some jurisdictions with a civil code, a number of the core ar ...
(1898), based primarily on the French civil code and influenced by the German code. After the
Xinhai Revolution The 1911 Revolution, also known as the Xinhai Revolution or Hsinhai Revolution, ended China's last imperial dynasty, the Manchu-led Qing dynasty, and led to the establishment of the Republic of China. The revolution was the culmination of a d ...
of 1911 in China, the new
Republic of China Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the northeast ...
government abandoned the imperial code tradition and instead adopted a new
civil code A civil code is a codification of private law relating to property, family, and obligations. A jurisdiction that has a civil code generally also has a code of civil procedure. In some jurisdictions with a civil code, a number of the core ar ...
strongly influenced by the German ''
Bürgerliches Gesetzbuch The ''Bürgerliches Gesetzbuch'' (, ), abbreviated BGB, is the civil code of Germany. In development since 1881, it became effective on 1 January 1900, and was considered a massive and groundbreaking project. The BGB served as a template in sev ...
'', and also influenced by the Japanese code. This new tradition has been largely maintained in the legal system of the
People's Republic of China China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's most populous country, with a population exceeding 1.4 billion, slightly ahead of India. China spans the equivalent of five time zones and ...
since 1949. Meanwhile, codifications also became more common in
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
systems. For example, a
criminal code A criminal code (or penal code) is a document that compiles all, or a significant amount of a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that might ...
is found in a number of common law jurisdictions in
Australia Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...
and the
Americas The Americas, which are sometimes collectively called America, are a landmass comprising the totality of North and South America. The Americas make up most of the land in Earth's Western Hemisphere and comprise the New World. Along with th ...
, and continues to be debated in
England England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe b ...
. 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. The result of such codification, however, is not always a legal code as found in civil law jurisdictions. For example, the
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. It was based on a civil code or ...
largely codifies common law doctrine and is very different in form and content from all other civil codes.


Civil code

A
civil code A civil code is a codification of private law relating to property, family, and obligations. A jurisdiction that has a civil code generally also has a code of civil procedure. In some jurisdictions with a civil code, a number of the core ar ...
typically forms the core of civil law systems. The legal code typically covers exhaustively the entire system of private law. Civil codes are always also found in common especially in the
United States of America The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territo ...
. However, such civil codes are often collections of common law rules and a variety of ''ad hoc'' statutes; that is, they do not aspire to complete logical coherence.


Criminal code

A
criminal code A criminal code (or penal code) is a document that compiles all, or a significant amount of a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that might ...
or
penal code A criminal code (or penal code) is a document that compiles all, or a significant amount of a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that might ...
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.


See also

*
Code (cryptography) In cryptology, a code is a method used to encrypt a message that operates at the level of meaning; that is, words or phrases are converted into something else. A code might transform "change" into "CVGDK" or "cocktail lounge". The U.S. Na ...
*
Genetic code The genetic code is the set of rules used by living cells to translate information encoded within genetic material ( DNA or RNA sequences of nucleotide triplets, or codons) into proteins. Translation is accomplished by the ribosome, which links ...
*
Language Language is a structured system of communication. The structure of a language is its grammar and the free components are its vocabulary. Languages are the primary means by which humans communicate, and may be conveyed through a variety of met ...
*
Legal code (municipal) A legal code is a body of law written by a local, non-sovereign government authority, such as a municipality. Whether authored or merely adopted by a municipality, it is typically, though not exclusively, enforced by the municipality, as the A ...
*
List of national legal systems The contemporary national legal systems are generally based on one of four basic systems: civil law, common law, statutory law, religious law or combinations of these. However, the legal system of each country is shaped by its unique history an ...
*
Source code In computing, source code, or simply code, is any collection of code, with or without comments, written using a human-readable programming language, usually as plain text. The source code of a program is specially designed to facilitate the wo ...
*
Visigothic Code The ''Visigothic Code'' ( la, Forum Iudicum, Liber Iudiciorum; es, Fuero Juzgo, ''Book of the Judgements''), also called ''Lex Visigothorum'' (English: ''Law of the Visigoths''), is a set of laws first promulgated by king Chindasuinth (642–65 ...


References

van Gulik, R.H. ''Crime and Punishment in Ancient China: The Tang Yin Pi Shih''. Orchid Press, 2007.,


External links


Codex Iustinianus
Site ''The Roman Law Library''
Code of Laws of the United States of America
(US Code) ''law.cornell.edu''

''napoleon-series.org''
contemporary French law codes
''legifrance.gouv.fr''
Louisiana Civil Code
''legis.state.la.us''

(2013 Ed.) ''cga.ct.gov'' {{Authority control Civil law (legal system) Sources of law