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WhipTheHip -> RE: Cynical assumptions. (9/2/2006 11:01:05 AM)
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Mad Dog Benji wrote:
> The world might have been a better place had Attila, Hannibal, Ghengis, or Mussolini conquered it.
I don't think so. I think there is a big difference between these barbarians
and Napoleon. The following comes from various Internet sources:
The Napoleonic Code was founded on the premise that, for the first time in history, a purely rational law should be created, free from all past prejudices and deriving its content from “sublimated common sense”; its moral justification was to be found not in ancient custom or monarchical paternalism but in its conformity to the dictates of reason.
The preliminary article of the Code established certain important provisions regarding to the rule of law. Laws could only be applied if they had been duly promulgated, and if they had been published officially (including provisions for publishing delays, given the means of communication available at the time); thus no secret laws were authorized. It prohibited ex post facto laws (i.e. laws that apply to events that occurred before them). It also prohibited judges from refusing justice on grounds of insufficiency of the law — thereby encouraging them to interpret the law. It, however, prohibited judges from passing general judgments of a legislative value.
The first book of the code deals with the law of persons: the enjoyment of civil rights, the protection of personality, domicile, guardianship, tutorship, relations of parents and children, marriage, personal relations of spouses, and the dissolution of marriage by annulment or divorce.
Liberty, Equality and Fraternity Perhaps one of the most important and lasting contributions that Napoleon gave to the French people was the Civil Code or most widely known as the Napoleonic Code. This was written at a time in history when discrimination was rampant. Napoleon decided to liberate and offer Liberty, Equality and Fraternity to the Jews, Protestants, and other religions as well. He also opened the churches that were closed for years. He promoted freedom of religion.
"My primary desire was to liberate the Jews and make them full citizens. I wanted to confer upon them all the legal rights of equality, liberty and fraternity as was enjoyed by the Catholics and Protestants. It is my wish that the Jews be treated like brothers as if we were all part of Judaism. As an added benefit, I thought that this would bring to France many riches because the Jews are numerous and they would come in large numbers to our country where they would enjoy more privileges than in any other nation. Without the events of 1814, most of the Jews of Europe would have come to France where equality, fraternity and liberty awaited them and where they can serve the country like everyone else." (Napoleonic Scholarship: The Journal of the International Napoleonic Society, Volume 1, Number 2, December 1998.) That conversation Napoleon had with his physician alone proved undoubtedly that he actually promoted equality, liberty, and fraternity for France and for everybody.
The Napoleonic Code perhaps is one of the most astounding and significant achievements that Napoleon accomplished. It was through the Code that he promoted and strengthened the ideals of the Revolution. Determined to unify France into a strong modern nation, he pushed for a single set of written laws that applied to everyone. He made it clear, logical, and easily understood by everyone. This new code of laws applied equally to all French citizens regardless of what position they were in the society. It recognized that all men were equal in the eyes of the law. Not only were they equal before the law, but also, they were equal in taxation. Every single citizen had to pay the exact amount of tax that everybody paid. This was another example of equality among the people of France. However, there are always contradictions as to how Napoleon promoted equality among all people. Equality - 'did Napoleon practice this fully during his reign?' critics might ask. What are the things that Napoleon didn't do in regard to equality? Most people would say that he didn't protect the rights of women. However, during Napoleon's time, man's concept on women was that they should be protected. And one way of protecting them was not to give them too many responsibilities. Government involvement entails many responsibilities. That is why women were kept from getting involved. To them, the women were tailored to be homemakers and as such, should be sheltered from the dangers and problems that they might face if they were in the outside world. If we just dig a little bit deeper, it is not that Napoleon didn't think about women, but it is that he cared about them.
Again, critics ask, 'what about fraternity?' Fraternity is brotherhood among men. They help each other out for the good of one thing - and in Napoleon's case, it was for the good of France. Fraternity was well shown during Napoleon's reign especially in his Grand Armee. These soldiers united together to defend France, to please France, to give glory and magnificence to France. These soldiers didn't have to be in Napoleon's army. They could have been businessmen, lawyers, merchants, and all the rest. They were never forced to join the Armee. As one article in the Napoleonic code says, there is freedom to choose one's work. But what drove these people to be involved in Napoleon's Grand Armee? One of Napoleon's soldiers quoted, "Faithful to our oath, we have not abandoned your eagles, and we are now without a country!... Sire, I beg of you, give us back our weapons..." - Jose Fernando (http://napoleonseries.org, 1995) Yes it was, brotherhood. It was for the love of France. Such brotherhood was what made France a stronger and unified country. What else did make France a stronger nation? It's the brotherhood of the people of France. Everybody's helping out. Everybody's cooperating. Never in Napoleon's reign did the people revolt. They helped each other instead. All of these things happened when Napoleon stepped on the throne.
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