Politics of Codification: The Lower Canadian Civil Code of 1866

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McGill-Queen's Press - MQUP, Nov 17, 1994 - History - 264 pages
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Young interprets codification as part of a larger process that included the collapse of the Lower Canadian rebellions, the decline of seigneurialism, expansion of bourgeois democracy in central Canada, professionalization of the bar, and formation of the institutional state. Central to codification was a profound ideological shift in Lower Canadian society that gave priority to exchange and individual property rights. Young examines the evolution of codification from its nationalist origins in the 1820s and 1830s into a Civil Code that was integral to Confederation and became a flagship of bilingualism in Quebec. The formation of the commission, the work of the codifiers, and the reaction of the anglophone minority and the Roman Catholic hierarchy are considered, as is the Code's meticulous blending of a conservative social vision with the principles of freedom of property. The Politics of Codification will be of great interest to students of law, members of the legal professions, and Canadian social and legal historians.
  

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Contents

The Legal Landscape
3
Attitudes to Codification before the Rebellions
18
The Political Will to Codify 183857
43
The Codifiers
66
Politics of the Codification Commission 185766
99
The Commission at Work
121
The Persistence of Customary Law Married Women as Traders
141
Wittingly and Willingly The Law of Obligations
157
CHRONOLOGY
181
ABBREVIATIONS
191
NOTES
193
ESSAY ON SOURCES
231
SELECT BIBLIOGRAPHY
237
INDEX
253
PICTURE CREDITS AND SOURCES
265
Copyright

Conclusion
173

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About the author (1994)

Brian Young teaches history at McGill University.

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