Page:Halsbury Laws of England v1 1907.pdf/215

 Introduction.

The

over France.

prevailed

ccxi

provinces, differing in their

and in

historical origin, in their traditions,

had no system

tions,

respect

in

1789

of

common

their constitu-

them

to

all

and



The proclamation of paved the way for a code which

persons.

different

of equality of rights

should be applicable to of

law

only in different provinces, but even

not

rights differed,

of

persons alike, and in every part

all

France. It is

not necessary to insist upon the hundred and eighty

customs which were more or in divers parts of

It

it.

less observed in

France and

was manifest that when the equality

of rights was proclaimed the whole system would have to be

put in the hands of some authority calculated to bring

it

out of chaos into something like a reasonable adaptation to the wants of

human

Cambaceres made three attempts,

life.

each of them differing from the other, to produce this but in vain

result,

and Napoleon himself intervened



and, indeed, has

last,

more claim

at

be treated as the

to

author of the code than Justinian has to that which goes

under his name.

M.

one

Portalis,

of

Napoleon's commissioners, was alive

making a code would not require to

to the impossibility, already pointed out, of

so universal in its application that

be

He

expounded.

the

dangerous ambition

it

is

impossible

scarcely

enacted

so

ever fair

for

in

any

is

it

wishing to regulate and to

the

case,

it.

of

society

legislator

are so to

We know can

A new

be decided?

to

replied that the office of the law

the general

have guarded against

a

text

varied

provide that of

for

never,

law

be

and precise that good sense and equity

will alone suffice to decide

Then how

of

emergency.

every case or every or

We



The wants

foresee everything.

that

says

it

maxims

principles fruitful

in

of right

To

question springs up this

is to fix

and wrong,

consequences,

question

it



is

by enlarged rules to establish firm

and not

to

descend