Codification

(redirected from codifications)
Also found in: Dictionary, Thesaurus, Legal.
Related to codifications: codified

Codification

 

one of the forms of systematization of laws and other legislative instruments regulating some field of social relations. Codification is the most efficient and highest form of systematization: through codification the laws in force are separated from those that are no longer binding, and completely new norms in the given branch are created. As a rule, codification is concluded by the creation of a new consolidated (systematized) act built on uniform principles (most often in the form of a code).

Well-known historical examples of codification include the Justinian codification in Roman times, the French Civil Code of 1804, Russkaia Pravda (Russian Law), and the Russian Sudebnik (Law Code) of 1497.

In the USSR, the 1960’s and the early 1970’s saw the comprehensive codification of legislation in various fields of social relations. During these years the Basic Principles of the Legislation of the USSR and the Union Republics were adopted in civil law and judicial proceedings, criminal law and judicial proceedings, and judicial administration; also adopted were basic codes in such areas as family law, labor legislation, land law, and water use legislation. In the Union republics new codes of laws were adopted (for example, codes of labor laws, codes on marriage and the family, and civil codes).

Of great importance is the codification of international law: the systematization of international legal rules in force allows for more precise definitions and for the correction and removal of all existing contradictions. A distinction is made between an official codification, which is conducted jointly by all or several states (including intergovernmental organizations), and an unofficial or scientific codification, conducted by international and national social organizations (the Institute of International Law, the International Law Association) or individual jurists. A general codification of all branches of international law has not yet been implemented. After World War II, intensive work was done on a partial codification of individual institutes of international law. In the 19th and 20th centuries the Hague Conventions were such a codification; these conventions concerned the laws and customs of war and the settlement of disputes by peaceful means. After World War II, important instruments adopted on the initiative of the USSR included the Geneva Conventions of 1949 and 1958 and the Vienna Conventions of 1961 and 1963 on Diplomatic and Consular Relations.

The codification of socialist international legal principles and norms has been implemented in such multilateral treaties and agreements as the Warsaw Pact of 1955; the Charter of the Council for Mutual Economic Assistance; the Convention on Legal Capacity, Privileges, and Immunities of the Council for Mutual Economic Assistance; and the General Conditions of Deliveries of the Council for Mutual Economic Assistance of 1968. Codifications have also been implemented in bilateral agreements between socialist countries in the fields of science, culture, and public health and social security.

References in periodicals archive ?
19) The generic codifier's canon should be recognized as such a rule because doing so would avoid inaccurate interpretations based on artifacts of the codification process--an error that does, in fact, occur in the federal courts.
The inclusion of the codifier's canon in a positive law title directs the interpreter not to draw inferences from editorial decisions made by the OLRC or one of its predecessor institutions during the positive law codification process.
Part III explains the role of the OLRC in the codification process.
The Social and Political Role of Codification in the 19th Century
Codification played a particular role in the political and social life of the 19th century.
Driven by the great Napoleonic codification work, European states had to meet the demand for a simple and clear legislation.
Moreover, once there are two or more different codifications of the same rule, achieving a universal interpretation of the rule becomes even harder than it was prior to codification.
The evolution of international investment law illustrates how fragmented codifications can impede the development of a truly universal understanding of customary rules.
Codifications of the concept of "indirect expropriation" have similarly varied.
27) The first wave of voluntary codifications adopted through self-governing legislative processes (Canada--1892, New Zealand --1893, and Queensland--1899) were quite different, the product of relatively democratic processes and more complex and plural influences reflecting local experience and developments.
It warrants recognition, not as a unique anomaly as it is sometimes portrayed, but as one of the three significant utilitarian codifications of English law in the 19th century.
Italian and American influences, while novel compared to other British codifications, did not determine its fundamental character.