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History General

The Politics of Codification

The Lower Canadian Civil Code of 1866

by (author) Brian Young

Publisher
McGill-Queen's University Press
Initial publish date
Nov 1994
Category
General, Civil Law
  • Hardback

    ISBN
    9780773512351
    Publish Date
    Nov 1994
    List Price
    $110.00

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Description

Young interprets codification as part of a larger process that included the collapse of the Lower Canadian rebellions, the decline of seigneurialism, expansion of bourgeois democracy in central Canada, professionalization of the bar, and formation of the institutional state. Central to codification was a profound ideological shift in Lower Canadian society that gave priority to exchange and individual property rights. Young examines the evolution of codification from its nationalist origins in the 1820s and 1830s into a Civil Code that was integral to Confederation and became a flagship of bilingualism in Quebec. The formation of the commission, the work of the codifiers, and the reaction of the anglophone minority and the Roman Catholic hierarchy are considered, as is the Code's meticulous blending of a conservative social vision with the principles of freedom of property. The Politics of Codification will be of great interest to students of law, members of the legal professions, and Canadian social and legal historians.

About the author

Brian Young is professor emeritus of history at McGill University and the author and co-author of several books including, with John Dickinson, A Short History of Quebec, now in its fourth edition.

Brian Young's profile page

Editorial Reviews

"Young makes a major contribution to research in the field, combining new, original material with a valuable reworking of available scholarship. This book will rapidly become a classic in its field." Evelyn Kolish, Archives nationales du Québec à Montréal.