III. Code of Justinian and the Code of Napoleon

There is yet another factor which was brought about by the French Revolution. The Revolution had given a totally new concept to man of his dignity, his rights, his relationship to his fellow men. There must follow, of necessity, a new concept of law.PFF2 759.2

The French had long felt the need of a new and more unified law; therefore, the revolutionists promised, among other things, a new code for the people. However, it needed the strong will and leadership of Napoleon to complete the codification of civil laws. In 1804 this task was finished and the code was accepted. This became the first great codification of law since the time of Justinian. Under the auspices of Justinian, Roman law was codified by 529, and in an imperial rescript in 533 the Roman bishop was recognized as the head of all the churches, and given full authority as such. This recognition, as well as that of the canons of the first four ecumenical councils, was incorporated into the Justinian Code. Thus the Catholic faith was recognized as the only orthodox religion of the empire, and the two mighty forces of state and religion were legally united.PFF2 759.3

Now, in the first general codification of law after so many centuries, a complete break between these two forces was achieved. The French Civil Code contains nothing which savors of an allegiance of the spiritual power of the pope and the state, and is far from giving the pope any authority whatsoever. It is purely a secular code.PFF2 760.1