Codes are systematic arrangement of laws which are consistent. Codification of law is the process where a large body of piece meal law is converted into an organised code. It means that old sources of law such as norms, values, decisions of old court cases or partial statutes are converted into an organized body of information. According to Salmond, codification is as a reduction of whole body of law into practicable and an enacted form. Codification results in increased certainty. It also makes it easier for laypersons, that is persons without legal training, to understand laws. There are certain problems with codification however, its rigidness can lead to loopholes. A person committing a wrong doing may be able to avoid penalty by relying on technical defenses. Overreliance on codes can stifle further evolution of the law. Also, it is almost impossible for any code to account for the wide factual patterns that occur in human life.
Types of Codes:
Codes are laws which are developed through processes of the legislature:
1 Consolidating Code:
In some cases, the codes amalgamate pre-existing rules. A code may customary and statutory laws such as in the case of a pre-emption act of Islamic law.
2 Combined Code
It is possible that the code of law created is creative in nature and consolidating. Along with being a new law, it consolidates old laws too. These codes are called as combined codes.
Codes are systematic arrangement of laws which are consistent. Codification of law is the process where a large body of piece meal law is converted into an organised code. It means that old sources of law such as norms, values, decisions of old court cases or partial statutes are converted into an organized body of information. According to Salmond, codification is as a reduction of whole body of law into practicable and an enacted form. Codification results in increased certainty. It also makes it easier for laypersons, that is persons without legal training, to understand laws. There are certain problems with codification however, its rigidness can lead to loopholes. A person committing a wrong doing may be able to avoid penalty by relying on technical defenses. Overreliance on codes can stifle further evolution of the law. Also, it is almost impossible for any code to account for the wide factual patterns that occur in human life.
Types of Codes:
Codes are laws which are developed through processes of the legislature:
1 Consolidating Code:
In some cases, the codes amalgamate pre-existing rules. A code may customary and statutory laws such as in the case of a pre-emption act of Islamic law.
2 Combined Code
It is possible that the code of law created is creative in nature and consolidating. Along with being a new law, it consolidates old laws too. These codes are called as combined codes.
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