Code Napoleon (1804)


Code Napoleon (1804)
 -This was a written classification and summary of the laws of France on topics such as
rights and duties, marriage, divorce, parentage, inheritance and property and a stateme
the general legal principles concerning them
 -Since in 1789 there was confusion on the laws of France and especially appointed law
were tasked to codify the law.
 -Thus no French was in any doubt as to his or her position before the law. The rules w
made uniform and equal for all by the Code Napoleon.
 -Under family law the code aimed at strengthening the family as the foundation of the
state. (H.L Peacock page 59)
 The authority of the father was greatly increased.
 -the sons could not marry under the age of 25 without the consent of the father and in c
of the daughters the age was 21.
 The position of the wife was made inferior to that of the husband in the family.
 -In his private correspondence Napoleon I indicated his insensitivity to gender. He poi
out that the women’s brain power was far inferior to that of the men and they were fitt
for little education. ( H.L Peacock page 59)
 -The code confirmed the legal equality of all male citizens. This helped to bring social
cohesion and enabled the French man and others to understand the main principles
underlining the laws.
 -The code brought toleration of all regions and a trial in public before the jury. The co
was very successful that it was adopted by many countries in Europe and South Amer
Strengths
 It managed to restore social order in France since the Code was crystal clear about the
responsibilities of the French people.
 It enabled Frenchmen to understand the main principles underlying the laws
 It confirmed the legal equality of all male citizens in France.
However
 -This was a written classification and summary of the laws of France on topics such as
rights and duties, marriage, divorce, parentage, inheritance and property and a statement of
the general legal principles concerning them
 -Since in 1789 there was confusion on the laws of France and especially appointed lawyers
were tasked to codify the law.
 -Thus no French was in any doubt as to his or her position before the law. The rules were
made uniform and equal for all by the Code Napoleon.
 -Under family law the code aimed at strengthening the family as the foundation of the
state. (H.L Peacock page 59)
 The authority of the father was greatly increased.
 -the sons could not marry under the age of 25 without the consent of the father and in case
of the daughters the age was 21.
 The position of the wife was made inferior to that of the husband in the family.
 -In his private correspondence Napoleon I indicated his insensitivity to gender. He pointed
out that the women’s brain power was far inferior to that of the men and they were fitted
for little education. ( H.L Peacock page 59)
 -The code confirmed the legal equality of all male citizens. This helped to bring social
cohesion and enabled the French man and others to understand the main principles
underlining the laws.
 -The code brought toleration of all regions and a trial in public before the jury. The code
was very successful that it was adopted by many countries in Europe and South America
Strengths
 It managed to restore social order in France since the Code was crystal clear about the
responsibilities of the French people.
 It enabled Frenchmen to understand the main principles underlying the laws
 It confirmed the legal equality of all male citizens in France.
However
 The changes brought by the Code Napoleon were totally against the revolution since the
revolution wanted equality between men and women
 The code also gave more powers to men hence it looked down upon women
 In this Code, Napoleon proved that he was gender blind
 It was not fair because it allowed the Father to temporarily imprison his son-an idea that
can contradict with human rights and freedom.