Essai d'une préface au code civil

2010-09-05T16:50:07Z

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	ESSAY OF A PREFACE TO CIVIL CODE.		ESSAY OF A PREFACE TO CIVIL CODE.

-	An eminent philosopher teaches us that a preface should precede the text of the Civil Code and summarize its philosophy, but that it has been impossible to do because the code contains only the precepts of materialism, devoid as it is ~~devoid~~ of any religious principle. Our philosopher was right when he states that he sees in this vast collection only a compromise between Roman law and customary law, and that today it is no longer based on its application but on some judgments.	+	An eminent philosopher teaches us that a preface should precede the text of the Civil Code and summarize its philosophy, but that it has been impossible to do because the code contains only the precepts of materialism, devoid as it is of any religious principle. Our philosopher was right when he states that he sees in this vast collection only a compromise between Roman law and customary law, and that today it is no longer based on its application but on some judgments.

-	Can we not add that he also lacks any basis in the social economy or on any given political economy, however, ~~key points~~ to set the goal of legislation required to embrace: 1 state civilian persons; 2 social organization of the family 3 the condition of the property, its tenure and transmission; 4 the size of all private agreements which relate to the state or the performance of the property, but the property taken here in its most metaphysical.	+	Can we not add that it also lacks any basis in the social economy or on any given political economy, points essential, however, to set the goal of legislation required to embrace: 1 state civilian persons; 2 social organization of the family 3 the condition of the property, its tenure and transmission; 4 the size of all private agreements which relate to the state or the performance of the property, but the property taken here in its most metaphysical sense.

-	Why the absence of principles of economics and social policy in the French Civil Code? This is because in fact the legislature has not placed under the guardianship of a religious inspiration, because he did not show imbued with the spirit of the gospel and ~~n '~~has not inoculated as the breath of the law. However, and in my opinion, this gap is less the result of legislators themselves the result of time and the empire of circumstances in which the code occurred. Everyone knows that, developed under the Convention, it was developed in the revolutionary assemblies that followed, to be codified, that is to say together and enacted at a date close in appearance, but in reality, if far away, at least very different from the events history, that of its design: in fact, with the violent shock that the company had in its organic transition, it was dominated by skepticism of the century that just ended in 's immense convulsions. In their horror of priests, the lawyers of the time had forgotten the principles of Christianity, and they came to think of a religious restoration, it was rather the outward form of worship they had in view the development of ideas of social regeneration that includes the gospel. Thus materialism had to dominate the minds of legislators, for them a civil code would represent a series of articles to regulate and not to organize a work of regeneration no written provision to grant labor protection, labor essential basis for any property, work first of all the capital good distribution and the intelligent allocation should address the most pressing ills to cure in the state of affairs.	+	Why the absence of principles of economics and social policy in the French Civil Code? This is because in fact the legislature has not placed under the guardianship of a religious inspiration, because it did not show imbued with the spirit of the gospel and has not inoculated as the breath of the law. However, and in my opinion, this gap is less the result of legislators themselves the result of time and the empire of circumstances in which the code occurred. Everyone knows that, developed under the Convention, it was developed in the revolutionary assemblies that followed, to be codified, that is to say together and enacted at a date close in appearance, but in reality, if far away, at least very different from the events history, that of its design: in fact, with the violent shock that the company had in its organic transition, it was dominated by skepticism of the century that just ended in its immense convulsions. In their horror of priests, the lawyers of the time had forgotten the principles of Christianity, and they came to think of a religious restoration, it was rather the outward form of worship they had in view the development of ideas of social regeneration that includes the gospel. Thus materialism had to dominate the minds of legislators, for them a civil code would represent a series of articles to regulate and not to organize a work of regeneration no written provision to grant labor protection, labor essential basis for any property, work first of all the capital good distribution and the intelligent allocation should address the most pressing ills to cure in the state of affairs.

	These same legislators who consumed the destruction of feudalism, which had purged the land of all the oppressive shackles of servitude and abuse, these men thought they had done enough since they probably did not take care to establish the ownership of such so it is accessible to all, the proletariat as the owner they did not think that failing to impose unnecessary they created an even more exorbitant privilege that while allowing the fragmentation of the ground up 'to infinity almost everywhere they sacrificed to the great little property, another criticism that can be sent to that system in general, is to always have individual rather than seek to generalize the benefits of land ownership.		These same legislators who consumed the destruction of feudalism, which had purged the land of all the oppressive shackles of servitude and abuse, these men thought they had done enough since they probably did not take care to establish the ownership of such so it is accessible to all, the proletariat as the owner they did not think that failing to impose unnecessary they created an even more exorbitant privilege that while allowing the fragmentation of the ground up 'to infinity almost everywhere they sacrificed to the great little property, another criticism that can be sent to that system in general, is to always have individual rather than seek to generalize the benefits of land ownership.

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Essai d'une préface au code civil

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