The Life of Napoleon I (Volume 1 of 2) by John Holland Rose
page 306 of 596 (51%)
page 306 of 596 (51%)
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to the offences. The last two of these principles had of late been
flagrantly violated; but the general pacification of France now permitted a calm consideration of the whole question of criminal law, and of its application to normal conditions. Civil law was to be greatly influenced by the Rights of Man; but those famous declarations were to a large extent contravened in the ensuing civil strifes, and their application to real life was rendered infinitely more difficult by that predominance of the critical over the constructive faculties which marred the efforts of the revolutionary Babel-builders. Indeed, such was the ardour of those enthusiasts that they could scarcely see any difficulties. Thus, the Convention in 1793 allowed its legislative committee just one month for the preparation of a code of civil law. At the close of six weeks Cambacérès, the reporter of the committee, was actually able to announce that it was ready. It was found to be too complex. Another commission was ordered to reconstruct it: this time the Convention discovered that the revised edition was too concise. Two other drafts were drawn up at the orders of the Directory, but neither gave satisfaction. And thus it was reserved for the First Consul to achieve what the revolutionists had only begun, building on the foundations and with the very materials which their ten years' toil had prepared. He had many other advantages. The Second Consul, Cambacérès, was at his side, with stores of legal experience and habits of complaisance that were of the highest value. Then, too, the principles of personal liberty and social equality were yielding ground before the more autocratic maxims of Roman law. The view of life now dominant was that of the warrior not of the philosopher. Bonaparte named Tronchet, Bigot de Préameneu, and the eloquent and learned Portalis for the redaction |
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