Legal history of France

Source: Wikipedia, the free encyclopedia.

The legal history of France is commonly divided into three periods: that of the

Napoleonic law
or Droit nouveau ('New law').

Old French law

Revolutionary law

"The legislative work of the

Napoleonic codes."[1] "The private law of the French Revolution is to-day no longer considered an intermediary law. Yet from a positivist point of view, most of the provisions enacted in this area between 1788 to 1799 were of short duration."[2] Feudalism was abolished on the night of 4 August 1789. The Declaration of the Rights of Man and of the Citizen
was adopted on the 26 August.

Early in 1791 freedom of defense became the standard; any citizen was allowed to defend another.[3][4] From the beginning, the authorities were concerned about this experiment without future. Derasse suggests it was a "collective suicide" by the lawyers in the Assembly,[5] but cannot be used for justifying aggression or taking revenge. In criminal cases, the expansion of the right ... gave priority to the spoken word.[6]

On 9 May, the Assembly discussed the right to petition.[7] The next day a decree passed banning all petitions bearing "collective signatures". Article III specifically recognised the right of active citizens to meet together to draw up petitions and addresses and present them to municipal authorities.[8]

Napoleonic law

Napoleonic law is still considered "the foundation stone of the French legal system."[9]

Aftermath of the First French Empire

The judicial system of post-Napoleonic France was an intricate system of relations between the

high treason, which explains the harsh punishment. In Victor Hugo's 1862 novel Les Misérables, Jean Valjean receives a sentence of five years hard work in the galleys for the small crime of stealing a loaf of bread to feed his sister's children. This points out the injustice of the system. While providing a deterrent for crime, hardship cases such as Jean Valjean's and Fantine's fall through the cracks of society
when they deserved special attention because of the situations that caused the crime.

See also

References

  1. ^ McDonnald, Alexander Hopkins (1951). The Encyclopedia Americana. Vol. 11. p. 611.
  2. ^ Annales historiques de la Révolution française. Vol. 74. 2002. p. 282.
  3. ^ Journal des États généraux convoqués par Louis XVI, 28 septembre 1791
  4. from the original on 2 December 2021, retrieved 4 December 2021
  5. from the original on 4 December 2021. Retrieved 4 December 2021.
  6. ^ O'Brien, James Bronterre (1837). The Life and Character of Maximilian Robespierre. Proving ... that that Much Calumniated Person was One of the Greatest Men ... pp. 422–438. Archived from the original on 7 November 2023. Retrieved 15 August 2019.
  7. ^ Journal des débats et des décrets. Vol. 20. Impr. Nationale. 1791. pp. 28, 70–79. Archived from the original on 7 November 2023. Retrieved 15 August 2019.
  8. ^ "Napoleonic Law".