The Napoleonic Code

Napoleon Bonaparte is probably

best known as the “Little Dictator,” a

man who rose through the ranks of

the French army to become the

master of Europe in the early

nineteenth century. Yet he was also a

key figure in the history of the legal

system. In fact, Napoleon’s most

lasting effect on France and the

world was the set of laws he created

during his rule as emperor. These

laws were so important that by 1960,

more than 70 countries around the

world had adopted them or had used

them as the basis for their own laws.

These countries include Iceland,

Norway, Denmark, Spain, Portugal,

Greece, and many Latin American

countries. Even in the United States,

Napoleon’s influence is still felt. To

this day, Louisiana’s laws follow the

Napoleonic Code.

The Napoleonic Code was

originally drafted as the French Civil

Code. With the French Revolution

under way, France was on the brink

of major legal reform. Before the

revolution, France was a monarchy.

During this time, French law was

based on the whims of its kings.

Louis XIV, who named himself

the “Sun King,” summed up French

law with his famous remark, “It is

legal because I wish it.” Laws were

the product of each individual

monarch. They were lengthy,

complicated, and different from

region to region. Before Napoleon,

there was no single law or document

to unify them.

During the French Revolution,

the monarchy collapsed. Soon after,

a new French state based on the

ideas of liberty and reason was

formed. The French Republic drew

on the concepts of the

Enlightenment, a movement that had

been gaining steam throughout

Europe and the world during the

eighteenth century. Though the rise

of Napoleon marked the end of the

French Revolution, he was really a

child of the revolution. “I am the

revolution,” he once said. Within his

empire, Napoleon tried to spread the

ideas of the French Revolution.

These ideas included legal equality

and religious and economic freedom.

In 1800, under Napoleon’s

orders, the French Council of State

began to write the French Civil

Code. The purpose of the code was

to collect all of the French laws into

a single volume that would be simple

and easy to understand. At the heart

of the code were three ideas from the

revolution: that laws should be based

on reason and common sense, that all

men should be treated equally under

the law, and that they should have

certain freedoms. The Civil Code

had several key concepts, including:

1. Legal equality for everyone.

2. No recognition of nobility or

titles of birth.

3. Freedom of religion.

4. Separation of church and state.

5. Freedom to work in any

occupation.

6. Protection of the family.

The Napoleonic Code was not

without its flaws. Napoleon believed

that women were inferior to men,

and that they should not be allowed

to have much influence in a society.

As a result, the Napoleonic Code

included laws restricting women and

children. For example, under the

code:

1. Women could not vote.

2. Husbands had complete control

over their wives and their personal

property.

3. Children and unmarried women

had few rights.

Yet despite these flaws, the

heart of the Napoleonic Code—

reason, equality, and freedom—has

survived throughout the ages. In

Napoleon’s lifetime, the code was

adopted in many European states,

including Germany, Italy, and Spain.

As a document, the code was

important because it offered a

unified system of law for the first

time in modern history. As a set of

ideas, it was even more powerful.

Like the man who brought it into

being, the Napoleonic Code was a

revolution in itself.