The Civil Sphere in the Napoleonic Code and the Liberty of the Moderns

The purpose of this paper is to explain the change in meaning of the civil sphere in the Napoleonic Code. To this end, I focus on the introductory speech given by Portalis at the presentation of the 1801 project, and I compare his conception with Montesquieu's. For the latter, civil laws are those regulating citizens' relations with each other, in order to guarantee the maintenance and unity of the political community. Portalis, by contrast, intends to have this civic engagement function performed by a Civil Code that deals solely with that private sphere in which individuals enjoy their property. As I show in the conclusion, Benjamin Constant will assume this change and take it one step further, identifying the aforementioned private enjoyment with the true liberty of modern times.