CODE. By codification is now meant "an orderly and author itative statement of the leading rules of law on a given subject" (Ilbert), but the early collections of laws known as codes were of a different character. "The ancient codes" (wrote Maine) "were doubtless originally suggested by the discovery and diffusion of the art of writing. . . . Their value did not consist in any ap proach to symmetrical classification, or to terseness and clear ness of expression, but in their publicity. . . . They mingled up religious, civil and merely moral ordinances without any regard to differences in their essential character." The oldest known code is that of khammurabi, for which see BABYLONIAN LAW. In ancient India the laws applying to the Hindu community of the time were codified.
Roman law began with the Twelve Tables--a primitive code —and culminated in the code of Justinian, which was given the force of law in A.D. 534. (See ROMAN LAW.) "Though the name was invented and used in a somewhat different sense by the Romans, the thing is of far more modern origin. . . . The Ro mans never advanced beyond a digest," whereas, properly, "a code is a digest of which every title has been consolidated" (Hol land). The peoples who overran the Roman empire made col lections of rules of law, e.g., the law of the Salian Franks and other Frankish laws. (See SALIC LAW; GERMANIC LAWS, EARLY.) The Rhodian Sea-Law was a collection of rules of maritime law, mainly derived from local customs, originally put together between A.D. 600 and Boo. Collections of maritime usages and customs, drawn up for the use of merchants and lawyers, ac quired in the 14th and i 5th centuries great authority throughout Europe. Some were compiled in Mediterranean ports, and others for the use of merchants trading in the north of Europe. There were, for instance, the laws of Oleron (an island near Bordeaux), the laws of Wisby in Gothland, the Consolato del Mare (a collec tion of the maritime laws of Barcelona), the Oak Book of Southampton, and other collections.
Mediaeval France was divided into Pays de Droit Ecrit and Pays de Droit Coutumier. In the former, feudal rules overlay the Roman law; in the latter, customs differed in each province, county and municipality. Despite the promulgation of a series of ordinances, an extraordinary diversity of laws continued until, after the Revolution, they were superseded by the Codes Napo leon which were then drawn up. (See CODE NAPOLEON.) Several European countries have modelled their codes upon those prepared in France under Napoleon, but in Germany events followed an independent course. From 1495 the German common law was a modified form of Roman law, but it was subject to modification by local customs, codes and State laws. Prussian common law was codified in 1794, this step being to some extent an anticipation of the idea of the French codes. With the formation of the North German Federation in 1866 federal legislation began and a general commercial code was enacted. In 1874 (three years after the formation of the German empire) preparations for gen eral codification commenced. After many revisions the German civil code came into force in 190o and along with it a remodelled commercial code.
The steps taken in more recent years towards the codification of law, not only in England but also elsewhere, originated in the reforming energy of Jeremy Bentham (1748-1832). Bentham's philosophy of law did not take sufficiently into account the march of events either in the past or in the future. He lived before it had become the practice to work by methods which include his torical research, and he did not sufficiently appreciate that there is no finality in law, that it must be revised from time to time as circumstances change. Nevertheless, in this matter he was a great moving spirit. "What he did was to set up an ideal towards which legislation should tend, an ideal which has been materially modified by subsequent reflection and experience, but which has profoundly influenced the thought and action of lawyers and legislators since his time. He has not shown the necessity, but he has shown the utility, of codification" (Ilbert).
In British India the codification of the law may be attributed directly to the influence of Bentham exercised through James Mill and Macaulay. The penal code became law in 186o and was followed by two codes dealing with procedure, and, in course of time, by a number of others on various branches of the law.
Following earlier attempts made in England to improve the form of the law, a number of statute law commissions were appointed during the earlier part of the Victorian period. Various reforms resulted, and many consolidation acts were passed, deal ing with, e.g., the customs, public health, merchant shipping, and so forth. With lapse of time the need for re-consolidation, so as to incorporate later amendments, manifested itself, and from the beginning the process in most instances fell short of full codifica tion because consolidation covered only statutory provisions and did not extend to common law rules. In more recent years some measures have been passed codifying both the statute and the common law relating to particular subjects, e.g., the Bills of Ex change Act, 1882, the Partnership Act, 189o, the Sale of Goods Act, 1893, and the Marine Insurance Act, 1906.
English law is the basis of the law in force in most of the States of the United States, an exception being Louisiana, where a civil code based on the Code Napoleon was adopted in 18o8. Much codification of law was carried out in many of the States during the latter part of the 19th century, the first move in this direction being the adoption of a code of civil procedure by the State of New York in 1848. The laws of the South American republics have for the most part been codified.
This Committee reported in 1927 and is continuing its work. Pursuant to its recommendations a first codification conference was held at The Hague in 193o to consider (I) nationality, (2) territorial waters and (3) responsibility of States for damage done in their territory to the person or property of foreigners.
Proposals for codification of international law have aroused much interest in America. In 1906 the third Pan-American Con ference adopted a convention under which codes of private and public international law were to be prepared. At later meetings of the Pan-American Conference (including that at Havana in 1928) further discussion of projects of conventions has taken place.
On the subjects selected for the first codification conference of 193o as well as other possible subjects for the work of codification the progress which may prove to be practicable will be due in large measure to unofficial spade work done in the past by the Institute of International Law and the International Law Association. These, since 1873, have been busy with the problems to which Governments have more recently turned their attention. Since 1896 their activities have been supplemented by those of the Comite Maritime International, and since 1905 by those of the American Society of International Law.
The official movements above referred to have not yet brought about any actual codification of rules of law of international appli cation, but in certain directions codification or unification has already been accomplished. In the absence of an international legislature no actual codification by means of international legis lation is possible, but an equivalent result has been produced in relation to certain matters by national legislation being passed in conformity with an international convention, or (in some com mercial matters especially) unification has been achieved by the formulation and common adoption of standard clauses for incor poration by reference in contracts. In this way the International Law Association brought about the unification of some of the rules of law and practice relating to general average. International rules drawn up for this purpose and incorporated by reference in shipping documents are known as the York-Antwerp Rules. The first rules adopted were those dated 1877. They were revised in 1890 and in 1924 were again revised and expanded into what is practically a code of general average (see AVERAGE) . On the other hand the regulations for the prevention of collisions at sea, having been adopted by all maritime nations, are an example of standardized national legislation. Working after this method, the Comite Maritime International has drafted international conven tions, some of which have been carried into effect by national legis lation, while others await further action by maritime States. In the United States steps to standardize certain commercial laws throughout the different States of the Union have brought about the passing of uniform acts relating to negotiable instruments, sale of goods, bills of lading, warehouse receipts, etc.