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Encyclopedia > Codification

In law, codification is the process of collecting and restating the law of a jurisdiction in certain areas, usually by subject, forming the legal code. Law (from the late Old English lagu of probable North Germanic origin) in politics and jurisprudence, is a set of rules or norms of conduct which mandate, proscribe or permit specified relationships among people and organizations, intended to provide methods for ensuring the impartial treatment of such people, and provide... In law, jurisdiction from the Latin jus, juris meaning law and dicere meaning to speak, is the practical authority granted to a formally constituted body or to a person to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility. ... A legal code is a moral code enforced by the law of a state. ...


History

Apart from religious laws such as the Torah, perhaps the first nation in history to codify its laws was ancient Rome, 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 the ancient Roman era Roman laws were left mostly uncodified. Torah () is a Hebrew word meaning teaching, instruction, or law. ... City motto: Senatus Populusque Romanus – SPQR (The Senate and the People of Rome) Founded 21 April 753 BC mythical, 1st millennium BC Region Latium Area  - City Proper  1285 km² Population  - City (2004)  - Metropolitan  - Density (city proper) 2,553,873 almost 4,300,000 1. ... The Law of the Twelve Tables (Lex Duodecim Tabularum, more informally simply Duodecim Tabulae) was the ancient legislation that stood at the foundation of Roman law. ... The Corpus Juris Civilis (Body of Civil Law) is a fundamental work in jurisprudence issued from 529 to 534 by order of Justinian I, Byzantine Emperor. ... Roman law is the legal system of ancient Rome. ...


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 with its own codified law. The Tang Code (唐律) was the criminal or penal code established during the Tang Dynasty in China. ... Criminal law (also known as penal law) is the body of common law that punishes criminals for committing offences against the state. ... The Great Qing Legal Code or Qing Code 《大清律例》 was the legal code of Qing dynasty (1644-1912). ... The Xinhai Revolution (or Hsinhai Revolution, Chinese: 辛亥革命; pinyin: Xīnhài Gémìng), named for the Chinese year of Xinhai (1911), was the overthrow (October 10, 1911-February 12, 1912) of Chinas ruling Qing Dynasty, sometimes known as the Manchu Dynasty, and the establishment of the Republic of China. ... National motto: None Official language Mandarin Chinese Capital and largest city Taipei President Chen Shui-bian Vice President Annette Lu Premier Su Tseng-chang Area  - Total  - % water Ranked 138th 35,980 km² 2. ...


Codification in common law and civil law jurisdictions

Contrary to popular belief, the common law 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, which was originally judge-made common law, and the California Civil Code. This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... Official language(s) None, English de facto Capital Albany Largest city New York City Area  - Total  - Width  - Length  - % water  - Latitude  - Longitude Ranked 27th 141,205 km² 455 km 530 km 13. ... Marine insurance covers the loss or damage of goods at sea. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ...


In civil law jurisdictions, codification has also occurred in many areas. 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. Civil law is a codified system of law that sets out a comprehensive system of rules that are applied and interpreted by judges. ... The Age of Enlightenment refers to the 18th century in European philosophy, and is often thought of as part of a larger period which includes the Age of Reason. ... (17th century - 18th century - 19th century - more centuries) As a means of recording the passage of time, the 18th century refers to the century that lasted from 1701 through 1800. ... A civil code is a systematic compilation of laws designed to comprehensively deal with the core areas of private law. ... First page of the 1804 original edition The original Napoleonic Code, or Code Napoléon (originally called the Code civil des français, or civil code of the French), was the French civil code, established at the behest of Napoléon I. It entered into force on March 21, 1804. ... 1804 was a leap year starting on Sunday (see link for calendar). ...


Example: Codification in the United States

In the United States, acts of Congress, 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 laws," 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 long, or hundreds of pages, in length. An act may be classified as either a "Public Law" or a "Private Law." An Act of Vaginapenis is a bill or resolution adopted by both houses of the United States Congress to which one of the following events has happened: Acceptance by the President of the United States, Inaction by the President after ten days from reception (excluding Sundays) while the Congress is... The United States Statutes at Large, commonly referred to as the Statutes at Large, is the official source for the laws and resolutions passed by Congress. ...


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 50. Title 18, for example, contains many of the Federal criminal statutes. Title 26 is the Internal Revenue Code. The United States Code (U.S.C.) is a compilation and codification of the general and permanent federal Law of the United States. ... The Internal Revenue Code (or IRC) (more formally, the Internal Revenue Code of 1986, as amended) is the main body of domestic tax law of the United States organized topically, including laws covering the income tax (see Income tax in the United States), payroll taxes, and excise taxes. ...


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 in for example, the Bankruptcy Code in Title 11 of the United States Code, or the Judiciary Code in Title 28. This article discusses tax avoidance, tax evasion, tax mitigation, tax fraud, tax resistance and tax protest. ...


Further, portions of some Congressional acts, such as the provisions for the effective dates of amendments to codified laws, are not themselves codified at all. These statutes may by 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.


  Results from FactBites:
 
Codification - Wikipedia, the free encyclopedia (565 words)
In law, codification is the process of collecting and restating the law of a jurisdiction in certain areas, usually by subject, forming the legal code.
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).
The official codification of Federal statutes is called the United States Code.
LINDSAY FARMER | Reconstructing the English Codification Debate: The Criminal Law Commissioners, 1833-45 | Law and ... (12215 words)
Advocates of codification in England bemoan the partial or incomplete modernization of the common law and the institutions of law and government, just as the conventional accounts of European codification posit an indissoluble link between the reform and codification of the penal law and the formation of the modern nation-state.
The apparent failure of the codification project in England would suggest that the English law is, in some sense, premodern and anachronistic, lacking certain ideas and institutions and possessed of a lingering and inexplicable attachment to the arcane rituals of common law adjudication.
Codification for Bentham required that the very foundations of the science of legislation be laid bare to allow the construction of a complete body of laws grounded on natural and universal principles.
  More results at FactBites »

 
 

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