This study investigates the strategies adopted by Minister Luosi when it became clear that Napoleon would not accept the amendments to the Civil Code proposed by jurists in the Kingdom of Italy to adapt the code to local tradition. On the one hand, the Minister of Justice tries to reassure the magistrates that it will be possible to amend the Code Civil after five years; on the other hand, he establishes great public celebrations, in order to make the Code popular with citizens. Moreover, Luosi oversees the correct enforcement of the Code, preventing attempts by the magistrates to revive old law; he has a collection of Italic Courts judgments published, in order to promote consistency within case law when all the codes are in force. In his efforts to acclimatize the Code Civil, Luosi encourages the translation of the “Travaux préparatoires” and of French legal literature aiming – as the Minister himself explains to Napoleon in December 1807 – at a faster and easier understanding of the code. Also legal education follows French models: barristers are recruited through an examination, in which candidates must prove themselves able to distinguish old legal practice from new law. Due to his resolute and forceful action, Luosi, the “Gran Giudice” [Great Judge], was at least able to adapt Italian society to the code, if not the contrary.
|Nome||Quaderni dell'Archivio Storico|
|Convegno||Giuseppe Luosi, giurista italiano ed europeo. Traduzioni, tradizioni e tradimenti della codificazione. A 200 anni dalla traduzione in italiano del Code Napoléon (1806-2006). Mirandola-Modena, 19-20 ottobre 2006.|
|Periodo||19/10/06 → 20/10/06|
- Civil code in Italy (1806-1814)
- L'attivazione del code napoléon in Italia