Codification

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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 ?
Under Muslim Law, the paper discussed the reform in inheritance law through codification of Muslim Law on inheritance, while ensuring that the codified law is gender just.
328, [section] 1-1435(D) (May 30, 2014) (to be codified as amended at LA.
The real work is done, one might infer, in the customary process that produced the rule being codified. Alternatively, the difficult work of international lawmaking might have been done in treaty negotiations that eventually developed into new rules of customary international law.
For this type of law, (codified civil law) I support the Saudi Arabian practice of 'Court Writers' who assist people going to civil court, with the paperwork and documentation - before the court date.
(10) See INA [section] 242(b) (codified at 8 U.S.C.
In addition, the Hague Rules have codified substantive defenses which enable common carriers to avoid liability altogether, such as the Error in Navigation/ Management, Peril of the Sea and Due Diligence defenses.
A key element is birthright citizenship--in practice for whites since the nation's founding, and codified for all in the 14th Amendment.
When cardiopulmonary resuscitation (CPR) was first codified in the early 1970s, it was suggested that CPR was not for everyone and for these circumstances and order "not to resuscitate" should be written.
Guided by similar self interests, the US Federal government also recently codified opting-out and what constitutes spam.
In a sense, she is paralyzed by a fearful conjunction of historically codified racial myths--the inviolate white female and the bestial black male, on the one hand, and the Jim Crow laws and customs that both prescribe and proscribe her responses to black men, on the other; she is cast into the historically-determined role of victim/ victimizer.
However, LEED is subjective and a voluntary system, much of which should be codified for use in the construction of buildings.
And the Magnusson-Stevenson Act actually forces less sustainable fishing boat designs in its codified incomprehension of basic naval engineering.