The Power of Codification in Latin America: Simon Bolivar and the Code Napoleon

36 Pages Posted: 12 Apr 2010 Last revised: 28 Jun 2010

See all articles by M. C. Mirow

M. C. Mirow

Florida International University (FIU) - College of Law

Date Written: April 12, 2000

Abstract

Codification can be an effective means to centralize and to consolidate state power. The use of codification in this manner runs against the commonly perceived notion that it promotes republican and egalitarian values. As Simon Bolivar's dictatorship quickly crumbled around him, he turned to codification based on the Code Napoleon as part of an attempt to unify Gran Colombia. Factors leading him to this undertaking and source were the need for legal reform, his emulation of Napoleon, his exposure to the works of Jeremy Bentham, and, speculatively, the influence of Andres Bello. Boivar's attempt at codification was not to complete a successful and well-structured liberal reform agenda for his country, but rather to reassert central power and to create legal dependence on his regime. Amongst the political anarchy of the country and the disorganization, bad luck, and inaction of those charged with drafting the code, the project failed. Nonetheless, Bolivar's hopes of appropriating the Code Napoleon demonstrate that it was an important source for Latin American thought on civil law several decades before Bello used it in drafting the Chilean Civil Code.

Keywords: Bolivar, code, Napoleon, Bentham, Bello, Colombia, France, Chile

Suggested Citation

Mirow, M. C., The Power of Codification in Latin America: Simon Bolivar and the Code Napoleon (April 12, 2000). Tulane Journal of International & Comparative Law, Vol. 8, 2000, Florida International University Legal Studies Research Paper No. 10-11, Available at SSRN: https://ssrn.com/abstract=1588268

M. C. Mirow (Contact Author)

Florida International University (FIU) - College of Law ( email )

2071 Diaz-Balart Hall
University Park
Miami, FL 33199
United States
305-348-8347 (Phone)

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