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单词 codification
释义
codification
codification the process of stating laws in a code. This is the mode of lawmaking in continental Europe among the CIVILIAN systems. The model is no doubt that of the codes of the ancient world, pre-emi- nently the Digest of Justinian (see CORPUS JURIS CIVILIS). The idea is that all the law is in the code, making it known to all the people and

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collatio inter haeredes

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not just a trained elite, which made the idea appealing to the revolu- tionaries of the 18th century. The courts merely interpret the code, which can be altered by the legislature. Codes have spread for intel- lectual reasons, but Napoleon's imposition, on conquered countries, of codes modelled on his NAPOLEONIC CODE assisted the spread of codification. Many codes are periodically revised.

The English legal system, which has resisted codification, may have been tempted in the Victorian era to put together a code of commer- cial law. This explains the well-drafted, intelligent and rational Sale of Goods Act 1893, Partnership Act 1890, Bills of Exchange Act 1882 and Marine Insurance Act of the latter part of the 19th century. Eng- lish lawyers are still resistant to the idea. Law commissioners in Scot- land and England are more likely to favour it. Some regularly con- solidated statutory areas of law come close to being very complicat- ed codes, an example perhaps being the Companies Acts. To be a proper codification, an Act must consolidate previous statutory enactments and take into account precedents in point.

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更新时间:2025/7/1 18:32:38