Codification is the defining feature of civil law jurisdictions. In common law systems, such as that of English law, codification is the process of converting and consolidating judge-made law into statute law.
Ancient Sumer's Code of Ur-Nammu was compiled circa 2050–1230 BC, and is the earliest known surviving civil code. Three centuries later, the Babylonian king Hammurabi enacted the set of laws named after him.
Besides religious laws such as the Torah, important codifications were developed in the ancient Roman Empire, with the compilations of the Lex Duodecim Tabularum and much later the Corpus Juris Civilis. These codified laws were the exceptions rather than the rule, however, as during much of ancient times Roman laws were left mostly uncodified.
The first permanent system of codified laws could be found in imperial China[note 1] , with the compilation of the Tang Code in AD 624. This formed the basis of the Chinese criminal code, which was eventually replaced by the Great Qing Legal Code, which was in turn abolished in 1912 following the Xinhai Revolution and the establishment of the Republic of China. The new laws of the Republic of China were inspired by the German codified work, the Bürgerliches Gesetzbuch. A very influential example in Europe was the French Napoleonic code of 1804.
Another early system of laws is Hindu law framed by Manu and called as Manu Smriti, dating back to the 2nd century BC. The use of civil codes in Islamic Sharia law began with the Ottoman Empire in the 16th century AD.
Civil law jurisdictions rely, by definition, on codification. A notable early example were the Statutes of Lithuania, in the 16th century. The movement towards codification gained momentum during the Enlightenment, and was implemented in several European countries during the late 18th century (see civil code). However, it only became widespread after the enactment of the French Napoleonic Code (1804), which has heavily influenced the legal systems of many other countries.
Common law has been codified in many jurisdictions and in many areas of law: examples include criminal codes in many jurisdictions, and include the California Civil Code and the Consolidated Laws of New York (New York State).
The English judge Sir Mackenzie Chalmers is renowned as the draftsman of the Bills of Exchange Act 1882, the Sale of Goods Act 1893 and the Marine Insurance Act 1906, all of which codified existing common law principles. The Sale of Goods Act was repealed and re-enacted by the Sale of Goods Act 1979 in a manner that revealed how sound the 1893 original had been.[note 2] The Marine Insurance Act (mildly amended) has been a notable success, adopted verbatim in many common law jurisdictions.
Most of England's criminal laws have been codified, partly because this enables precision and certainty in prosecution. However, large areas of the common law, such as the law of contract and the law of tort remain remarkably untouched. In the last 80 years there have been statutes that address immediate problems, such as the Law Reform (Frustrated Contracts) Act 1943 (which. inter alia, coped with contracts rendered void by war), and the Contracts (Rights of Third Parties) Act 1999, which amended the doctrine of privity. However, there has been no progress on the adoption of Harvey McGregor's Contract Code (1993), even though the Law Commission, together with the Scots Law Commission, asked him to produce a proposal for the comprehensive codification and unification of the contract law of England and Scotland. Similarly, codification in the law of tort has been at best piecemeal, a rare example of progress being the Law Reform (Contributory Negligence) Act 1945.
In the United States, acts of Congress, such as federal statutes, are published chronologically in the order in which they become law – often by being signed by the President, on an individual basis in official pamphlets called "slip laws", and are grouped together in official bound book form, also chronologically, as "session laws". The "session law" publication for Federal statutes is called the United States Statutes at Large. Any given act may be only a single page, or hundreds of pages, in length. An act may be classified as either a "Public Law" or a "Private Law".
Because each Congressional act may contain laws on a variety of topics, many acts, or portions thereof are also rearranged and published in a topical, subject matter codification by the Office of the Law Revision Counsel. The official codification of Federal statutes is called the United States Code. Generally, only "Public Laws" are codified. The United States Code is divided into "titles" (based on overall topics) numbered 1 through 54. Title 18, for example, contains many of the Federal criminal statutes. Title 26 is the Internal Revenue Code.
Even in code form, however, many statutes by their nature pertain to more than one topic. For example, the statute making tax evasion a felony pertains to both criminal law and tax law, but is found only in the Internal Revenue Code. Other statutes pertaining to taxation are found not in the Internal Revenue Code but instead, for example, in the Bankruptcy Code in Title 11 of the United States Code, or the Judiciary Code in Title 28. Another example is the national minimum drinking age, not found in Title 27, Intoxicating liquors, but in Title 23, Highways, §158.
Further, portions of some Congressional acts, such as the provisions for the effective dates of amendments to codified laws, are themselves not codified at all. These statutes may be found by referring to the acts as published in "slip law" and "session law" form. However, commercial publications that specialize in legal materials often arrange and print the uncodified statutes with the codes to which they pertain.
In the United States, the individual states, either officially or through private commercial publishers, generally follow the same three-part model for the publication of their own statutes: slip law, session law, and codification.
Rules and regulations that are promulgated by agencies of the Executive Branch of the United States Federal Government are codified as the Code of Federal Regulations. These regulations are authorized by specific enabling legislation passed by the legislative branch, and generally have the same force as statutory law.
Following the First World War and the establishment of the League of Nations, the need for codification of international law arose. In September 1924, the General Assembly of the League established a committee of experts for the purpose of codification of international law, which was defined by the Assembly as consisting of two aspects:
In 1930 the League of Nations held at the Hague a conference for the purpose of codification of rules on general matters, but very little progress was made.
Following the Second World War, the International Law Commission was established within the United Nations as a permanent body for the formulation of principles in international law.
Papal attempts at codification of the scattered mass of canon law spanned the eight centuries since Gratian produced his Decretum c. 1150. In the 13th century especially canon law became the object of scientific study, and different compilations were made by the Roman Pontiffs. The most important of these were the five books of the Decretales Gregorii IX and the Liber Sextus of Boniface VIII. The legislation grew with time. Some of it became obsolete, and contradictions crept in so that it became difficult in recent times to discover what was of obligation and where to find the law on a particular question.
Since the close of the ‘’Corpus Juris’’ numerous new laws and decrees had been issued by popes, councils, and Roman Congregations. No complete collection of them had ever been published and they remained scattered through the ponderous volumes of the ‘’Bullaria’’ the ‘’Acta Sanctae Sedis’’, and other such compilations, which were accessible to only a few and for professional canonists themselves and formed an unwieldy mass of legal material. Moreover, not a few ordinances, whether included in the ‘’Corpus Juris’’ or of more recent date, appeared to be contradictory; some had been formally abrogated, others had become obsolete by long disuse; others, again, had ceased to be useful or applicable in the present condition of society. Great confusion was thus engendered and correct knowledge of the law rendered very difficult even for those who had to enforce it.
When the Vatican Council met in 1869 a number of bishops of different countries petitioned for a new compilation of church law that would be clear and easily studied. The council never finished its work and no attempt was made to bring the legislation up to date. By the 19th Century, this body of legislation included some 10,000 norms. Many of these were difficult to reconcile with one another due to changes in circumstances and practice. In response to the request of the bishops at the First Vatican Council, on 14 May 1904, with the motu proprio Arduum sane munus ("A Truly Arduous Task"), Pope Pius X set up a commission to begin reducing these diverse documents into a single code, presenting the normative portion in the form of systematic short canons shorn of the preliminary considerations ("Whereas...") and omitting those parts that had been superseded by later developments.
By the winter of 1912, the "whole span of the code" had been completed, so that a provisional text was printed. The 1912 text was sent out to all Latin bishops and superiors general for their comment, and their notations which they sent back to the codification commission were subsequently printed and distributed to all members of the commission, in order that the members might carefully consider the suggestions. The new code was completed in 1916. Under the aegis of Cardinal Pietro Gasparri, the Commission for the Codification of Canon Law was completed under Benedict XV, Pius X's successor, who promulgated it on 27 May 1917 as the Code of Canon Law (Latin: Codex Iuris Canonici) and set 19 May 1918 as the date on which it came into force.In its preparation centuries of material were examined, scrutinized for authenticity by leading experts, and harmonized as much as possible with opposing canons and even other codes, from the Codex of Justinian to the Napoleonic Code. It contained 2,414 canons and was in force until Canon 6 §1 1° of the 1983 Code of Canon Law took legal effect—thereby abrogating it—on 27 November 1983.
Recodification refers to a process where existing codified statutes are reformatted and rewritten into a new codified structure. This is often necessary as, over time, the legislative process of amending statutes and the legal process of construing statutes by nature over time results in a code that contains archaic terms, superseded text, and redundant or conflicting statutes. Due to the size of a typical government code, the legislative process of recodification of a code can often take a decade or longer.
Biosafety is the prevention of large-scale loss of biological integrity, focusing both on ecology and human health.
These prevention mechanisms include conduction of regular reviews of the biosafety in laboratory settings, as well as strict guidelines to follow. Biosafety is used to protect from harmful incidents. Many laboratories handling biohazards employ an ongoing risk management assessment and enforcement process for biosafety. Failures to follow such protocols can lead to increased risk of exposure to biohazards or pathogens. Human error and poor technique contribute to unnecessary exposure and compromise the best safeguards set into place for protection.
The international Cartagena Protocol on Biosafety deals primarily with the agricultural definition but many advocacy groups seek to expand it to include post-genetic threats: new molecules, artificial life forms, and even robots which may compete directly in the natural food chain.
Biosafety in agriculture, chemistry, medicine, exobiology and beyond will likely require the application of the precautionary principle, and a new definition focused on the biological nature of the threatened organism rather than the nature of the threat.
When biological warfare or new, currently hypothetical, threats (i.e., robots, new artificial bacteria) are considered, biosafety precautions are generally not sufficient. (link to incident report, i.e. such as problems with CDC research labs in 2014)The new field of biosecurity addresses these complex threats.
Biosafety level refers to the stringency of biocontainment precautions deemed necessary by the Centers for Disease Control and Prevention (CDC) for laboratory work with infectious materials.
Typically, institutions that experiment with or create potentially harmful biological material will have a committee or board of supervisors that is in charge of the institution's biosafety. They create and monitor the biosafety standards that must be met by labs in order to prevent the accidental release of potentially destructive biological material. (note that in the US, several groups are involved, and efforts are being made to improve processes for government run labs, but there is no unifying regulatory authority for all labs.
Biosafety is related to several fields:
In ecology (referring to imported life forms from beyond ecoregion borders),
In agriculture (reducing the risk of alien viral or transgenic genes, genetic engineering or prions such as BSE/"MadCow", reducing the risk of food bacterial contamination)
In medicine (referring to organs or tissues from biological origin, or genetic therapy products, virus; levels of lab containment protocols measured as 1, 2, 3, 4 in rising order of danger),
In chemistry (i.e., nitrates in water, PCB levels affecting fertility)
In exobiology (i.e., NASA's policy for containing alien microbes that may exist on space samples. See planetary protection and interplanetary contamination), and
In synthetic biology (referring to the risks associated with this type of lab practice)Code pénal (France)
The Code pénal is the codification of French criminal law (droit pénal). It took effect March 1, 1994 and replaced the French Penal Code of 1810, which had until then been in effect. This in turn has become known as the "old penal code" in the rare decisions that still need to apply it.
The new code was created by several laws promulgated on July 22, 1992. It introduced the judicial notion of fundamental national interests (intérêts fondamentaux de la nation (Book IV, Title I)).Codification
Codification may refer to:
Codification (law), the process of forming a legal code
Codification (linguistics), the process of selecting, developing and prescribing a model for standard language usage
Accounting Standards Codification, the collection of US Generally Accepted Accounting Principles produced by the FASB
NATO Codification System, the official program under which equipment components and parts of the military supply systems are uniformly named, described and classified
Codification of Knowledge is mechanism for the creation of Explicit knowledgeConsolidation bill
"Consolidation Act" redirects here; not to be confused with the Royal Navy Consolidation Act 1749 or the Pennsylvania Act of Consolidation, 1854.A consolidation bill is a bill introduced into the Parliament of the United Kingdom with the intention of consolidating several Acts of Parliament or Statutory Instruments into a single Act. Such bills simplify the statute book without significantly changing the state of the law, and are subject to an expedited Parliamentary procedure.
The parliamentary practice of legislating only for small portions of a subject at a time can create undue complexity in statute law. Acts relating to a particular subject often end up scattered over many years, and through the operation of clauses partially repealing or amending former acts, the specific meaning of the law regarding the subject becomes enveloped in intricate or contradictory expressions. For clarity, the law as expressed across many statutes is sometimes recast in a single statute, called a consolidation bill.
By 1911, such bills had been passed dealing with subjects as diverse as customs, stamps and stamp duties, public health, weights and measures, sheriffs, coroners, county courts, housing, municipal corporations, libraries, trustees, copyhold, diseases of animals, merchant shipping, and friendly societies.
These observations apply to the Public General Acts of the legislature. On the other hand, in settling private Acts, such as those relating to railway and canal enterprise, the legislature always inserted certain clauses founded on reasons of public policy applicable to the business in question. To avoid the necessity of constantly re-enacting the same principles in private Acts, their common clauses were embodied in separate statutes, and their provisions are ordered to be incorporated in any private Act of the description mentioned therein. Such are the Lands Clauses Acts, the Companies Clauses Acts and the Railways Clauses Acts.Eastern canonical reforms of Pius XII
The Eastern canonical reforms of Pope Pius XII were the several reforms of Oriental canon law and the Codex Iuris Canonici Orientalis, applying mainly to the Oriental Churches united with the Latin Church in communion with the Roman Pontiff. The Holy See's policy in this area had always two objectives, the pastoral care of approximately ten million Christians united with Rome and the creation of positive ecumenical signals to the two-hundred and fifty million Orthodox Christians outside the Church of Rome.Sumptuary law
Sumptuary laws (from Latin sumptuāriae lēgēs) are laws that attempt to regulate consumption; Black's Law Dictionary defines them as "Laws made for the purpose of restraining luxury or extravagance, particularly against inordinate expenditures in the matter of apparel, food, furniture, etc." Historically, they were laws that were intended to regulate and reinforce social hierarchies and morals through restrictions, often depending upon a person's social rank, on their permitted clothing, food, and luxury expenditures.
Societies have used sumptuary laws for a variety of purposes. They were used as an attempt to regulate the balance of trade by limiting the market for expensive imported goods. They made it easy to identify social rank and privilege, and as such could be used for social discrimination.The laws frequently prevented commoners from imitating the appearance of aristocrats and also could be used to stigmatize disfavored groups. In the Late Middle Ages, sumptuary laws in medieval cities were instituted as a way for the nobility to cap or limit the conspicuous consumption of the prosperous bourgeoisie. If bourgeois subjects appeared to be as wealthy or wealthier than the ruling nobility, it could undermine the nobility's presentation of themselves as powerful, legitimate rulers. This could call into question their ability to control and defend their fief, and inspire potential traitors and rebels. Such laws continued to be used for these purposes well into the 17th century.The Collected Works of Jeremy Bentham
The Collected Works of Jeremy Bentham is a series of volumes which, when complete, will form a definitive edition of the writings of the philosopher and reformer Jeremy Bentham (1748–1832). It includes texts which Bentham published (or which were published in his name) during his lifetime; and also the many texts which remained unpublished at his death, and which exist only in manuscript.
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