The Overemphasized Legacy of the Napoleonic Code

Abstract

When we discuss the legacies of Napoleon, it is inevitable to disregard his contribution to global jurisprudence: the French Civil Code of 1804. As Emperor, Napoleon proposed to enhance his military achievements with a comprehensive codification. Although he was not the precedent in doing so, it was him who created the paradigm of all codes that we now consider “modern.” For decades, historians investigating the course of Napoleon’s codification have developed a plausible explanation of its unparalleled significance in the world; that is, it extensively embodies the ideas of the radical French Revolution, which undermined feudal regimes and shaped modern society. However, this argument reflects a common tendency of glossing the Code by adding personal interpretations through modern lenses; it is neither objective nor inaccurate. The first part of this study is largely based on James Gordley’s essay (1994) on the myths of Napoleon’s codification. We will see that ideas expressed in the Code were not as novel to people in the nineteenth century as principles of the Revolution were, because many concepts were proposed by early French writers and framers of Roman law. In the second part of the study, we will investigate the relation between codification and the modern world. We will use Latin America as an instance to illustrate the limitations of the Code due to its relative antiquity. When we combine the conclusions of the two parts, it is plain that the legacy of Napoleon’s Code is often overemphasized in the modern world.