Politics of Codification: The Lower Canadian Civil Code of 1866
Brian 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.
What people are saying - Write a review
We haven't found any reviews in the usual places.
The Legal Landscape
Attitudes to Codification before the Rebellions
The Political Will to Codify 183857
Politics of the Codification Commission 185766
The Commission at Work
The Persistence of Customary Law Married Women as Traders
Wittingly and Willingly The Law of Obligations
Other editions - View all
American anglophone Archives assembly Attorney authority became bench bill British called Canadian capitalist Caron Cartier Catholic central century changing City Civil Code Civil law codification Collection commission commissioners committee common concerning contract Council Court Custom of Paris customary Day's debate described draft droit effect élite emphasized English established example faculty feudal force France freedom French fundamental given History husband important included individual industrial institutions interests John judges Justice land language later lawyers Legislative Library Lower Canada marriage McCord McGill University merchant Montreal Morin named Napoleonic nationalist natural Notes Obligations particularly parties period persons political Pothier practice principles procedure professional published Quebec question Railway reform registry relations Report responsible Roman law rules secretary seigneurial separation social society Special Statutes strong tenure tion titles trader tradition volumes wife