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Legal history of France

The legal history of France is commonly divided into three periods: that of the old French law (Ancien Droit), that of the Revolutionary or intermediary law (Droit révolutionnaire ou intermédiaire), and that of the Napoleonic law or Droit nouveau ('New law').

Old French law edit

Revolutionary law edit

"The legislative work of the French Revolution has been qualified as intermediary law since it formed the transition between the old French law and the new, the law covered by 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] Former "advocates" lost their title, their distinctive form of dress, their status, and their professional orders and adapted their practices to the new political and legal situation.[6] The Penal Code is dated 25 September.

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 edit

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

Aftermath of the First French Empire edit

The judicial system of post-Napoleonic France was an intricate system of relations between the government and the police/judicial force. Together they helped to minimize crime while successfully fulfilling the guarantees made in the Declaration of the Rights of Man and of the Citizen written in 1789. Crime in post-Napoleonic France was seen as an act of 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 edit

References edit

  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. ^ Derasse, Nicolas (2007), "Les défenseurs officieux: une défense sans barreaux" [The "défenseurs officieux": a Defense without the Bar], Annales Historiques de la Révolution Française (in French), 350 (350): 49–67, doi:10.4000/ahrf.11230, from the original on 2 December 2021, retrieved 4 December 2021
  5. ^ Derasse, Nicolas (2012). "Words and Liberty: Hopes for Legal Defence During the French Revolution". Quaderni Storici. 47 (141): 763. JSTOR 43780153. 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. 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. from the original on 7 November 2023. Retrieved 15 August 2019.
  8. ^ "Napoleonic Law".

legal, history, france, help, expand, this, article, with, text, translated, from, corresponding, article, french, click, show, important, translation, instructions, machine, translation, like, deepl, google, translate, useful, starting, point, translations, t. You can help expand this article with text translated from the corresponding article in French Click show for important translation instructions Machine translation like DeepL or Google Translate is a useful starting point for translations but translators must revise errors as necessary and confirm that the translation is accurate rather than simply copy pasting machine translated text into the English Wikipedia Consider adding a topic to this template there are already 6 188 articles in the main category and specifying topic will aid in categorization Do not translate text that appears unreliable or low quality If possible verify the text with references provided in the foreign language article You must provide copyright attribution in the edit summary accompanying your translation by providing an interlanguage link to the source of your translation A model attribution edit summary is Content in this edit is translated from the existing French Wikipedia article at fr Histoire du droit en France see its history for attribution You may also add the template Translated fr Histoire du droit en France to the talk page For more guidance see Wikipedia Translation The legal history of France is commonly divided into three periods that of the old French law Ancien Droit that of the Revolutionary or intermediary law Droit revolutionnaire ou intermediaire and that of the Napoleonic law or Droit nouveau New law Contents 1 Old French law 2 Revolutionary law 3 Napoleonic law 3 1 Aftermath of the First French Empire 4 See also 5 ReferencesOld French law editMain article Old French lawRevolutionary law edit The legislative work of the French Revolution has been qualified as intermediary law since it formed the transition between the old French law and the new the law covered by 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 Former advocates lost their title their distinctive form of dress their status and their professional orders and adapted their practices to the new political and legal situation 6 The Penal Code is dated 25 September 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 editNapoleonic law is still considered the foundation stone of the French legal system 9 Aftermath of the First French Empire edit This section needs additional citations for verification Please help improve this article by adding citations to reliable sources in this section Unsourced material may be challenged and removed March 2020 Learn how and when to remove this message The judicial system of post Napoleonic France was an intricate system of relations between the government and the police judicial force Together they helped to minimize crime while successfully fulfilling the guarantees made in the Declaration of the Rights of Man and of the Citizen written in 1789 Crime in post Napoleonic France was seen as an act of high treason which explains the harsh punishment In Victor Hugo s 1862 novel Les Miserables 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 editJudiciary of France Law of FranceReferences edit McDonnald Alexander Hopkins 1951 The Encyclopedia Americana Vol 11 p 611 Annales historiques de la Revolution francaise Vol 74 2002 p 282 Journal des Etats generaux convoques par Louis XVI 28 septembre 1791 Derasse Nicolas 2007 Les defenseurs officieux une defense sans barreaux The defenseurs officieux a Defense without the Bar Annales Historiques de la Revolution Francaise in French 350 350 49 67 doi 10 4000 ahrf 11230 archived from the original on 2 December 2021 retrieved 4 December 2021 Derasse Nicolas 2012 Words and Liberty Hopes for Legal Defence During the French Revolution Quaderni Storici 47 141 763 JSTOR 43780153 Archived from the original on 4 December 2021 Retrieved 4 December 2021 a b Leuwers Herve Defence in writing The end of the printed legal brief France 1788 1792 Archived from the original on 7 April 2023 Retrieved 3 December 2021 via www academia edu a href Template Cite journal html title Template Cite journal cite journal a Cite journal requires journal help 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 Journal des debats et des decrets Vol 20 Impr Nationale 1791 pp 28 70 79 Archived from the original on 7 November 2023 Retrieved 15 August 2019 Napoleonic Law Retrieved from https en wikipedia org w index php title Legal history of France amp oldid 1221489690, wikipedia, wiki, book, books, library,

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