Varga Csaba: Codification as a socio-historical Phenomenon (Budapest, 2011)

Codification is a sianbatb means fot making tije lam public anb aoailable as mell as fot recotbing the lam in mtitten texts. 3t is a tool tjnomn since tfie lam's early beoelopment. 2i)ß funbamental iastj of codification in antiquity mas tfje exclu­sion of any boubts in the presentation of the lam. for example, tije restoration by tije Earns of §азшзшаш of tl>e ualibity of ancient trabitions in accorbance mill) tfje preoailing interests of the ruler beclaration of lam as tije common boby of rules for ti>e social game by the Earns of Xmelue Xables (at least accorbing to Хзхда Езгода' legenb of its origin) anb also as a bait of lam's preuious beoelopment by tbe Cobei ftasrsmsma 3n tbe mebieoal era cobi­­fication mabe possible tbe registration, recotbing anb uniform ebit­­ing of tbe consolibateb customs abapteb anb brought up to bate preoailing in particular areas of customary lam. 3n tbe mobetn era tbe continueb recotbing of recogniseb customs tbe beclaration of nemly establisbeb national lams tbe collection of an unambiguous boby of lam besignateb to be applicable by tbe soueteign pomet as mell as tbe adioity of legal reform often bibben anb sometimes executeb unber tbe guise of restoring olb-time conbitions only ibeologically postulateb, baoe fallen mitbin tbe bomain of tastjs fot cobification. Carliet tbe mere collection of portions of tbe lam into quantitatioe summations prooeb to be enough for completing the tastj mitbout any structural renemat Domeuer on the European continent in the mobern era enbing feubal bisunity anb biuision became the sine pua non fot sutuioal among competing empires anb bynasties. 3n orber to acbieoe this the monarch bob to organise the state army anb its state finanring separate from bis omn as mell as a bureaucratic institutional machinery to tun them mbicb coulb function in an impersonal may to implant a far­­reaching regulatory system. 5ot the lucib arrangement anb up-to­­bate banbling of such a quantity of regulations the olb metbobs coulb not ptoue abequate. 3n other motbs in the cobification of continental Europe the quantitatiue collecting of legal material mas teplaceb by their qualitative restructuring. Xbe genuine breakthrough mas baseb on the ibea of legality the conceptualisation of lams into a sequence of legal rights anb buties mbicb translateb the bourgeois uiem of society into the language of

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