The European natural law codes: the age of reason and the powers of government

Lucke, Horst Klaus (2012) The European natural law codes: the age of reason and the powers of government. University of Queensland Law Journal, 31 1: 7-38.

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Author Lucke, Horst Klaus
Title The European natural law codes: the age of reason and the powers of government
Journal name University of Queensland Law Journal   Check publisher's open access policy
ISSN 0083-4041
Publication date 2012
Sub-type Article (original research)
Volume 31
Issue 1
Start page 7
End page 38
Total pages 32
Place of publication St Lucia, QLD, Australia
Publisher University of Queensland Press
Collection year 2013
Language eng
Abstract This article will focus upon the codification movement in Europe as it unfolded in Prussia, Austria and France in the 18th and early 19th centuries. Natural law as it was understood by the philosophers and lawyers of the Enlightenment gave impetus to the codification and simplification of legal systems, particularly as they affected private relations. The codification movement is one of the few philosophical theories ever to have been translated into practical law and politics. The rulers, particularly Frederick the Great of Prussia, and Joseph II and Leopold II of Austria, embraced these aims not only because they aspired to join the ranks of great historical lawmakers but also because they saw the power of reason as a new political principle superior to those that had gone before. American and French revolutionaries gave effect to an equality principle which was radical by the standards of the time and which became one of the cornerstones of the Code Civil of 1804. With Napoléon Bonaparte, the codification story began to be dominated by centralism, nationalism and imperialism.
Q-Index Code C1
Q-Index Status Confirmed Code
Institutional Status UQ

Document type: Journal Article
Sub-type: Article (original research)
Collections: Official 2013 Collection
TC Beirne School of Law Publications
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Created: Thu, 11 Apr 2013, 16:03:38 EST by Jillian Davis on behalf of T.C. Beirne School of Law