National States and Codification
Peace of Westphalia
Example of Nation: During the eleventh century, Britain was already united to a certain extent, but the process of unification on the European continent, in which small territorial units together with large, modern countries, lasted a long time.
Although the union of Italy and Germany dates back to the 19th century, it is often thought that the formation of a state on the continent came to a temporary end in 1648 when several wars ended with the peace treaties of Westphalia.
In these treaties, Europe was divided into several nation-states (states belonging to one nation), which were considered independent, meaning that each state would have exclusive authority over its territory.
What is nation Law?
characteristics of a nation and list of nations
Example of Nation: As a result of this development, the law became essentially a national law. In fact, the law was the law of a nation or tribe rather than an area. Later, when the various peoples who flooded Europe during the mass migration (4th to 6th century AD) settled and mingled, this law became the local law, in areas of different sizes. Connected to Only when nation-states are formed can the law become the law of the nation-state.
Example of Nation: Along with this national law was a law that dealt with it. Mutual relations difference between state and nation. This law is called international public law. Example of Nation-state law and international public law were taken to eliminate the forms that law may take. The two became known as the “Westphalian duo”.
Difference between state and nation
With the advent of example of nation and Example of state, the law could have become national law, but this process of nationalization of law still took many centuries to complete. A major step was taken with the French Revolution (1789-1799), in which the line of French kings was first changed by revolutionary agents and later by an emperor Napoleon Bonaparte. It was Napoleon’s reign that led to the regulation of French law.
Immediately after the French Revolution, French law was enacted in the form of several “codes”.
These included the Code of Civil (Private Law), the Code of Commerce (Commerce Law), the Code of Procedure (Civil Procedure Law), the Code of Penal Code (Basic Criminal Law), and the Code of Instruction Criminal (Criminal Procedure Law).
This Charter of Democracy, like others, served several purposes:
- This led to legal union in France, where up to that time (part) law differed from region to region.
- It created legal certainty because the law was written and at least in theory, everyone could examine it.
- He emphasized the legitimacy of the central legislature over local judges.
- It guarantees the influence of the people on the contents of the law as the democratic organs influence the legislative process. (This ultimate goal only became relevant later, when democracy became more important.)
Under Napoleon’s conquest of large parts of Europe, codification was introduced in the early nineteenth century in several European countries, including Belgium and the Netherlands.
Germany was particularly left behind because of a strong resistance movement against the Charter of Democracy.
This is most notable because some of the regulations in German countries like Bavaria and Prussia preceded the French regulations. The Charter of Democracy for the whole German Empire was (temporarily) postponed.
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Led by Van Saugney (1779–1861), a well-known law professor in Berlin, it was argued that the law Example of Nation reflected the “spirit” of that nation. The Charter of Democracy will hollow out the law, and the vital link between the law and the spirit of the people will disappear.
Therefore, the Charter of Democracy must be preceded by a historical inquiry into the origins of the law and the reasons behind the law, hence the name of the movement whose most important representative was Van Seogni, the Historical School.
In practice, this alleged connection between the spirit of the people and the evolving law was maintained by legal scholars, who wrote comments on the digest and in doing so gradually adapted the law to the needs of society. The development of law in Germany, as a result, was driven by legal scholars.
Resistance to the Pact lost its war against the Pact at the end of the 19th century. In 1900 an amended German Civil Code, the Burgerliches Gesetzbuch, came into force.