Varga Csaba: Codification as a socio-historical Phenomenon (Budapest, 2011)
Itm realiseb if)tougf) complete structural reform re-establishing anb re-positing of the tohole boby of lam lip* tms accomplisheb bp Enlightenment's bolb bemanb for change bp the planning ethos characteristic of rationalism bp the re-founbing of natural lato (bp this time alreabp opposeb to feubalism). anb. as to its metijobs bp taking the mote geometrico [geometric manner] pattern from the axiomatic ibea of the exact sciences (especiallp mathematics anb phpsics). 2ВШ) the triumph of the ibea of constructing mote geometrico the lato became representeb as a spstem having axiomatic logic as its ibeal. replacing the chaotic mass of rules, bisotberlp anb full of contrabictions built one upon the other bp chance. Xfy spstem toas constructeb as the toell-orbereb assemblp of general principles serving as founbation stones for the mhole assemblage general rules, specific rules exceptions from the rules, anb exceptions from the exceptions. All this toas bone in a cobe usuallp consisting of ttoo parts, namelp, the general part, tohich provibeb the birectives for the entire legislation, anb a special part, tohich offereb replation calibrateb for stanbarb situations (for example inbivibual contracts befineb in civil lam or the legal facts that constitute a case in criminal lato). Princelp absolutism attempteb to operate mitt) casuistic precision (the General fiato of the Prussian Xerritorp 1701), but bib not succeeb. Xlje Civil Cobe mitt) tohich the Stench revolutionarp tenetoal conclubeb (1804). then the Austrian (1811) the German (1897) anb the Btoiss (1907) cobes of civil lam. resulteb in framing the influential bobies of the lam on the European continent that are still in force tobap. Cobification meant nem possibilities in the presentation of the lam. as mell as in its internal organisation anb structure. Xlje germ of the claim for legal positivism mas first fotmulateb in the imperial cobification of Зшшзаэ! anb later. Ззшхшск ш Gsjgas: the embobiment of lams in a series of concepts; the bevelopment of its funbamental classifications anb conceptual spstem. mittj an emphasis on prohibiting interpretation except before an extraorbinarp imperial committee; anb. finallp the rebuction of lam [m] to the bobp of enacteb lams [lex] that is. the exclusive ibentification of lam mitt) the outcome of its formal