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MODELS OF LEGISLATIVE CODIFICATION: THEORETICAL
FOUNDATIONS AND PRACTICAL APPROACHES
Ashuraxunova Shahnoza Toxir qizi
Doctoral student at Tashkent State University of Law
Annotation:
This article analyzes the concept of legislative codification, its
objectives, and its role within the legal system. Special attention is given to the
French and German models of codification, comparing their historical development,
principles, and practical features.
The article also examines various legal scholars’
theories related to codification. It explores the ways in which codification contributes
to the simplification and systematization of legislation.
Key words:
Systematization of legislation, Codification of legislation, Legal
code, German model of codification, French model of codification, Common law
model, Civil law model
Codification
—
the process of systematizing and consolidating legal norms into
a unified document
—
plays a vital role in regulating the legal system, ensuring its
efficiency, and supporting its sustainable development. Today, several models of
legal codification have been developed in different countries, each distinguished by
its own approaches, principles, and methodologies. This article analyzes the concept
of codification, its place in the legal system, and its key models.
Codification is the process of analyzing existing normative legal documents,
systematizing them, eliminating conflicting or redundant norms, and presenting them
in a single legislative document
—
such as a code or another legal act.
The Main Goals of Codification:
- To streamline and simplify legislation;
- To ensure consistency and coherence in legal norms;
- To foster clarity and stability in legal practice.
Legal scholars have proposed various approaches and theories regarding
codification models. Among the most acknowledged scholars in this field are: Hans
Kelsen, who believed codification should be based on fundamental laws at the top of
the legal pyramid and that legal norms must have a consistent and hierarchical
structure. Rudolf von Jhering, who viewed codification as a legal tool driven by
social needs. According to him, codification should reflect and regulate actual legal
relations in society. [1, P. 45]
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Savigny, who approached codification cautiously and even opposed the
codification of civil law in Germany in the early 19th century. He believed that law
developed naturally from the “Volksgeist” (spirit of the people) and that codification
might artificially disrupt this natural evolution. [2, P. 102]
Jeremy Bentham, a strong proponent of codification, argued that the legal
system should be clear, precise, and accessible to the public
—
achievable only
through codification. He even proposed several draft codes (although most were not
implemented). [3, P. 65]
Henry Maine, a British legal scholar, considered codification as a stage in the
development of society. R. Zimmermann emphasized codification based on German
civil law and Roman law, while P. Legrand highlighted the relationship between
codification and legal translation, focusing on the cultural dimensions of legal
thought.
The French Model of Codification:
The foundation of the French codification model lies in the reforms of the
French Revolution (1789) and the era of Napoleon Bonaparte. The Revolution
rejected royal laws and sought to create a new legal system aligned with public
interest. As a result, codification became necessary. During Napoleon's rule, several
fundamental codes were developed, forming the backbone of the French legal system.
The most famous of these is the Code Civil des Français (French Civil Code
, 1804).
[4, P. 60]
Main French codes include:
Code Civil (1804)
Code de Commerce (1807)
Code d'instruction criminelle (1808)
Code pénal (1810)
Code de procédure civile (1806)
Key Features of the French Model:
a) Simplification and codification of legislation
b) Legal clarity and public comprehensibility
The Code Civil was written in plain language, avoiding complex legal
terminology, with the aim of being understandable to the general population
—
aligning with Bentham’s ideals
. The French model became widely influential and is
often referred to as an “exportable legal model
.
” Many countries in Europe
, Latin
America, Africa, and Asia have directly or indirectly adopted this approach.
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The French model is based on the principles of systematization, centralization,
and simplicity. It is considered the first and most consistent codification model in
legal history, having made a significant impact on legal systems not only in Europe
but worldwide. [6, P. 32]
The German Model of Codification:
The German codification model is a leading method within the continental legal
system, known for its high level of legal-technical precision and academic
foundation. Unlike the French model, it was developed with the deep involvement of
legal scholars and legal theory.
Germany’s main code is the Bürgerliches Gesetzbuch (BGB –
German Civil
Code), which came into force on January 1, 1900.
Before the unification of Germany in the 19th century (until 1871), various local
legal systems existed in different regions. After the formation of the German Empire,
the need for a unified national code emerged. A special commission was established
in 1874, and after 26 years of work, the BGB was adopted. [7, P. 80]
Key Features of the German Model:
Scientific approach: The code was drafted by scholars based on legal science. It
integrates Roman law, natural law, and German legal traditions.
Abstract and general norms: Instead of addressing specific cases, the norms
define principles and concepts. Courts interpret these norms in various contexts,
making legal interpretation a crucial component.
Direct applicability: Legal norms in the BGB are directly applicable in civil
transactions and are not merely declarative. Each norm has specific legal
consequences.
The German model represents a deep, scientific, and principled approach to
codification. It blends legal theory with practice, relies on legal reasoning, and
contributes to structuring law into a comprehensive normative system.
Conclusion: Codification is a key tool for organizing the legal system and
enhancing its effectiveness. Its main goal is to systematize laws and ensure
consistency and clarity. This article reviewed the codification theories of prominent
scholars such as Hans Kelsen, Rudolf von Jhering, Savigny, and Jeremy Bentham. It
also presented the two major models of codification
—
the French and German
models
—
discussing their principles, historical development, and practical
importance. While the French model focuses on simplicity and public accessibility,
the German model emphasizes academic rigor and legal reasoning. Both have
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significantly influenced global legal systems and play a vital role in promoting legal
stability and development.
Foydalanilgan adabiyotlar ro’yxati:
1. Savigny F. K. von.
Vom Beruf unserer Zeit für Gesetzgebung und
Rechtswissenschaft.
–
Heidelberg, 1814.
2. Bentham J. A General View of a Complete Code of Laws.
–
London: Hunt &
Clarke, 1827.
3. Kelsen H. Pure Theory of Law.
–
Translated by Max Knight. Berkeley:
University of California Press, 1967.
4. Maine H. Ancient Law: Its Connection with the Early History of Society, and
Its Relation to Modern Ideas.
–
London: John Murray, 1861.
5. Zimmermann R. The Civil Law Tradition and Codification. // European
Journal of Legal Studies, 2008, Vol. 1(1).
6. Napoleon Bonaparte.
Code Civil des Français (Napoleonic Code)
.
–
1804.
7. Legrand P. European Legal Systems are not Converging. // International and
Comparative Law Quarterly, 1996, Vol. 45(1).
