Some old laws persist because they have been integrated into a complex legal system and their relevance remains recognized. The legislative process to repeal a law can be long and complex, contributing to keeping some laws in effect despite their age.
Some laws remain valid for a very long time because they are based on fundamental principles that don't really change over time. For example, the prohibition of murder or theft is simply based on the universal respect for human life and private property. These ideas are not new, and they remain largely the same despite the passing centuries and evolving societies. This is what we call fundamental legal values: they define what is just, fair, and what ensures that everyone can live together without too many problems. Laws that rely on these values withstand the test of time without aging, simply because they address deep and constant human needs.
Ancient laws provide essential legal certainty to ensure that everyone clearly understands what is permitted or prohibited. When a rule is stable over time, it offers a degree of predictability: both businesses and citizens can anticipate how to act without the risk of unpleasant surprises. This prevents unnecessary conflicts and simplifies everyone's daily life. Therefore, maintaining these laws over time provides a solid foundation upon which all social, economic, and political interactions rest. Without this stability, it would be a constant mess, making it impossible to live and work together peacefully.
Ancient laws remain effective because they can be adapted to the modern context through their flexible interpretation. Often written in a fairly general manner, these texts leave a significant margin for judges and legal experts to give them meaning according to current needs. Some provisions of the French Civil Code of 1804, for example, are still used today but with completely new interpretations that align more closely with our current society. This adaptability, allowed by open drafting, gives ancient laws useful flexibility to be applied even several centuries after their initial drafting.
When a law works well, judges regularly rely on it, creating what are called legal precedents. These precedents then influence future similar cases. It’s quite logical: if it worked once, why reinvent the wheel? Moreover, legal traditions provide significant support to judges and lawyers. They offer clear benchmarks based on what has already been decided before. This allows for more predictable and consistent justice. Courts are generally not fond of abrupt changes; they prefer to rely on what they already know, which explains the persistence of some very old laws.
Some ancient laws are still here today really out of pragmatism: they simply work, so why change them? For example, the ancestral legal principle of “ignorance of the law is no excuse” has existed since Roman antiquity and has always proven effective in preventing anyone from invoking ignorance to escape their responsibilities. The same goes for the old concept of presumption of innocence: also originating from the Romans, this rule has effectively upheld justice for centuries, proving its practical relevance over time. These principles, even though old, still demonstrate their robustness today by ensuring a fairly equitable and stable justice system.
In England, some medieval laws remain in effect. Did you know that under an ancient law dating back to the 14th century, it is still illegal to enter the British Parliament in armor?
In France, certain provisions from the Napoleonic Code of 1804 are still widely present in contemporary civil law. This demonstrates the remarkable longevity and modernity of this text, which is over 200 years old!
In the United States, the Constitution, which came into effect in 1789, is the oldest written constitution still in force in the world. Its flexibility of interpretation allows it to continually adapt to new social and technological realities.
Some ancient Roman laws still serve as the foundation for our contemporary legal concepts such as private property, contracts, and wills. Roman law is thus regarded as one of the main historical pillars of Western law.
Depending on the country, special institutions may exist (such as the law commission, the council of state, or a codification commission) to study and propose legislative reforms in order to abolish, modify, or adapt outdated laws to the modern context.
The repeal of obsolete laws is often complex, costly, and time-consuming. Furthermore, some laws deemed unnecessary can suddenly become relevant again in new or specific contexts, which calls for caution in their abrogation.
This exists in most countries with a long legal history. For example, in the United Kingdom, some laws date back to the Middle Ages. Most legal systems retain historical texts as long as they remain relevant and consistent with modern principles.
The validity of an old law often depends on its explicit maintenance in the current legal codes or its interpretation by the courts. Legal scholars constantly refer to updated collections of laws to determine which laws remain applicable.
When a contradiction exists between two laws, it is generally the more recent law that prevails, as its adoption reflects the current intentions of the legislator. Courts also carry out an interpretation to ensure a consistent and fair application of the law.
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