Legal Codes

Paper Summary:

The paper briefly reviews the The codification process in Canadian legal history as it pertains to nineteenth century Lower Canada. Among other things, this paper explores the conflation of socio-cultural and socio-political factors and how they lead to the laws that shape our society. Beyond that, this paper also seeks to define the term "code" and offers an interpretation as to what a "true" legal code really is.

From the Paper:

"The codification process in Canadian legal history has been a complex, occasionally convoluted, but always interesting one. Because of the scope of the topic, this paper will focus primarily upon the codification process in nineteenth century Lower Canada as it pertains to the Lower Canadian Civil Code. In addition to limiting the scope of the inquiry, a further reason for emphasizing the French-Canadian experience in this manner is because it is an excellent example of how socio-political and socio-cultural factors conflate to produce the laws by which we live. Moreover, the treatment of the 1866 Codification of Upper Canadian Civil Law by John E.C. Brierley and Brian Young provides an excellent example of how didactic "good" legal history can be. Among other things, this paper will define what a "code" is as well as suggesting what a "true" code might be."

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