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
