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Nowadays, a question still subsists: does a code, considered as the result of reflecting upon the Law as a scientific object, have to be a rational entity which complies with a practical and preestablished logic or is it simply a compiled work of normative legal sources, presented as a compact format which is easily accessible?This question remains at the heart of the matter when comparing the French and the common-lawyer attitudes on the general purpose of codification. It had been already considered when the French royal power initiated the process of putting into writing the legal rules originating from the customary law. The reader is therefore invited to follow different stages of the historical evolution of the codification, from the middle-ages up to the Napoleonic 1804 Civil Code. The first step was initiated by practitioners (mostly judges) who, as early as in the 12th century, put into writing the customary law they applied in their judgements. The urgent need of having at its disposal a comprehensive normative corpus which presented an easier access to customary rules of law, led the royal power to order, in the middle of the 15th century, an official codification of the customary laws of the "sundry countries of the realm."This codification enabled to reach a further stage. The fact that the law was now considered, scientific matter, gave rise to works of comparisons and to searching for the rationality of the rule considered individually and as a whole. From these apparently ill-assorted sets of rules, the idea that these rules were inspired by a common background or a common spirit progressively emerged. This was certainly the major impulse which was to lead to the quest for a legal and normative unity. The codification could be planned as such and was initiated by King Louis XIV who promulgated his "great Ordinances" from 1667 up to 1685. King Louis XV continued the codification but cautiously. Nevertheless the royal statutes were the only legal rules to be concerned by these codifications, the customary rules being put aside.The principle of a unique and unified Civil Code was clearly laid down in the beginning of the 1789 Revolution but it could not succeed before the Napoleonic times where the 1804 Civil Code was promulgated. The French Civil Code is today a bisecular Code and the question of its revision or of its entire remodeling is regularly asked but unceasingly postponed. However, the Canadian province of Québec could have shown the way when it let a new Civil Code be promulgated in 1994. Moreover, the modern "codes" which are published are not codes at all, they are only compiled statutes or by-laws without any logical organization. The principle of codification still instigates many unanswered questions.A brief history review may help to explain and to answer some pertinent questions for our times.
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In 2008, as I would wander the construction sites in the Great West of France on every occasion I had, I discovered a RORC (Royal Oceanic Racing Club) Class III Bermudian sloop with a “canoe” stern designed by Cornu in 1948. This magnificent small sailboat could have been left to decay until it disappeared. But no, with one of these crazy decisions you take but never regret, I decided otherwise. As soon as I bought it, and as I was waiting for it to be repaired, I looked up the history of this racer-cruiser and its crews… Upon the discovery of an honourable record and a history linked to the icon of French sailing, its classification as a “monument historique” came to mind, and it was at that moment that I took on the role of a history and heritage facilitator, and that writing a book became the obvious thing to do.
Keywords: Océan, Navigation, Course, Patrimoine, Restauration, Voile, Mer, Voyage, Ocean, Navigation, Race, Heritage, Restoration, Sailing, Sea, Journey, Oceano, Navegação, Corrida, Património, Restauração, Velejar, Mar, Viagem