Legal History Of France
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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 (), that of the Revolutionary or intermediary law (), and that of the Napoleonic law or ''Droit nouveau'' ('New law'). Old French law Revolutionary law "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." "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." 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. Napoleonic law Napoleonic law is still considered "the foundation stone of the French legal system." Aftermath of the First French Empire The judicial system of post-Napoleonic Fran ...
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Old French Law
Old French law, referred to in French as ''l'Ancien Droit'', was the law of the Kingdom of France until the French Revolution. In the north of France were the ''Pays de coutumes'' ('customary countries'), where customary laws were in force, while at the south were the ''Pays de droit écrit'' ('countries of written law'), where Roman law had remained paramount. Roughly speaking, the line separating the two areas was the river Loire, from Geneva to the mouth of the Charente, although this was not a firm border between the two categories of law. As worded by George Mousourakis, "in both zones, the law in force also included elements derived from royal, feudal, and canonical sources." ''Pays de coutumes'' In the north existed a variety of customs "with a Frankish-Germanic character." The ''coutumes'' were asserted and enforced under feudalism during the Middle Ages and in the early modern period by the French kings and their vassals, especially in the lands of the Île-de-Fr ...
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French Revolution
The French Revolution ( ) was a period of radical political and societal change in France that began with the Estates General of 1789 and ended with the formation of the French Consulate in November 1799. Many of its ideas are considered fundamental principles of liberal democracy, while phrases like ''liberté, égalité, fraternité'' reappeared in other revolts, such as the 1917 Russian Revolution, and inspired campaigns for the abolition of slavery and universal suffrage. The values and institutions it created dominate French politics to this day. Its causes are generally agreed to be a combination of social, political and economic factors, which the ''Ancien Régime'' proved unable to manage. In May 1789, widespread social distress led to the convocation of the Estates General, which was converted into a National Assembly in June. Continuing unrest culminated in the Storming of the Bastille on 14 July, which led to a series of radical measures by the Assembly, i ...
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Abolition Of Feudalism In France
One of the central events of the French Revolution was to abolish feudalism, and the old rules, taxes and privileges left over from the age of feudalism. The National Constituent Assembly, acting on the night of 4 August 1789, announced, "The National Assembly abolishes the feudal system entirely." It abolished both the seigneurial rights of the Second Estate (the nobility) and the tithes gathered by the First Estate (the Catholic clergy). The old judicial system, founded on the 13 regional parlements, was suspended in November 1789, and finally abolished in 1790. The debates in the Assembly On 4th August 1789, the Duke d'Aiguillon proposed in the Club Breton the abolition of feudal rights and the suppression of personal servitude. On the evening of 4 August, the Viscount de Noailles proposed to abolish the privileges of the nobility to restore calm in French provinces. Members of the First Estate were at first reluctant to enter into the patriotic fervour of the night but ...
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Declaration Of The Rights Of Man And Of The Citizen
The Declaration of the Rights of Man and of the Citizen (french: Déclaration des droits de l'homme et du citoyen de 1789, links=no), set by France's National Constituent Assembly in 1789, is a human civil rights document from the French Revolution. Inspired by Enlightenment philosophers, the Declaration was a core statement of the values of the French Revolution and had a major impact on the development of popular conceptions of individual liberty and democracy in Europe and worldwide. The Declaration was originally drafted by the Marquis de Lafayette, but the majority of the final draft came from the Abbé Sieyès. Influenced by the doctrine of natural right, the rights of man are held to be universal: valid at all times and in every place. It became the basis for a nation of free individuals protected equally by the law. It is included in the beginning of the constitutions of both the Fourth French Republic (1946) and Fifth Republic (1958), and is considered valid as const ...
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Government
A government is the system or group of people governing an organized community, generally a state. In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government is a means by which organizational policies are enforced, as well as a mechanism for determining policy. In many countries, the government has a kind of constitution, a statement of its governing principles and philosophy. While all types of organizations have governance, the term ''government'' is often used more specifically to refer to the approximately 200 independent national governments and subsidiary organizations. The major types of political systems in the modern era are democracies, monarchies, and authoritarian and totalitarian regimes. Historically prevalent forms of government include monarchy, aristocracy, timocracy, oligarchy, democracy, theocracy, and tyranny. These forms are not always mutually exclusive, and mixed govern ...
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Crime
In ordinary language, a crime is an unlawful act punishable by a State (polity), state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Cane and Conoghan (editors), ''The New Oxford Companion to Law'', Oxford University Press, 2008 (), p. 263Google Books). though statutory definitions have been provided for certain purposes. The most popular view is that crime is a Category of being, category created by law; in other words, something is a crime if declared as such by the relevant and applicable law. One proposed definition is that a crime or offence (or criminal offence) is an act harmful not only to some individual but also to a community, society, or the state ("a public wrong"). Such acts are forbidden and punishable by law. The notion that acts such as murder, rape, and theft are to be prohibited exists worldwide. What precisely is a criminal offence is de ...
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High Treason
Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplomats, or its secret services for a hostile and foreign power, or attempting to kill its head of state. A person who commits treason is known in law as a traitor. Historically, in common law countries, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife or that of a master by his servant. Treason (i.e. disloyalty) against one's monarch was known as ''high treason'' and treason against a lesser superior was ''petty treason''. As jurisdictions around the world abolished petty treason, "treason" came to refer to what was historically known as high treason. At times, the term ''traitor'' has been used as a political epithet, regardless of any verifiable treasonable action. In a civil war or ...
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Victor Hugo
Victor-Marie Hugo (; 26 February 1802 – 22 May 1885) was a French Romantic writer and politician. During a literary career that spanned more than sixty years, he wrote in a variety of genres and forms. He is considered to be one of the greatest French writers of all time. His most famous works are the novels ''The Hunchback of Notre-Dame'' (1831) and ''Les Misérables'' (1862). In France, Hugo is renowned for his poetry collections, such as (''The Contemplations'') and (''The Legend of the Ages''). Hugo was at the forefront of the Romanticism, Romantic literary movement with his play ''Cromwell (play), Cromwell'' and drama ''Hernani (drama), Hernani''. Many of his works have inspired music, both during his lifetime and after his death, including the opera ''Rigoletto'' and the musicals ''Les Misérables (musical), Les Misérables'' and ''Notre-Dame de Paris (musical), Notre-Dame de Paris''. He produced more than 4,000 drawings in his lifetime, and campaigned for social cau ...
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Les Misérables
''Les Misérables'' ( , ) is a French historical novel by Victor Hugo, first published in 1862, that is considered one of the greatest novels of the 19th century. In the English-speaking world, the novel is usually referred to by its original French title. However, several alternatives have been used, including ''The Miserables'', ''The Wretched'', ''The Miserable Ones'', ''The Poor Ones'', ''The Wretched Poor'', ''The Victims'', and ''The Dispossessed''. Beginning in 1815 and culminating in the 1832 June Rebellion in Paris, the novel follows the lives and interactions of several characters, particularly the struggles of ex-convict Jean Valjean and his experience of redemption. Examining the nature of law and grace, the novel elaborates upon the history of France, the architecture and urban design of Paris, politics, moral philosophy, antimonarchism, justice, religion, and the types and nature of romantic love, romantic and familial love. ''Les Misérables'' has been populariz ...
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Jean Valjean
Jean Valjean () is the protagonist of Victor Hugo's 1862 novel ''Les Misérables''. The story depicts the character's struggle to lead a normal life and redeem himself after serving a 19-year-long prison sentence for stealing bread to feed his sister's starving children and attempting to escape from prison. Valjean is also known in the novel as Monsieur Madeleine, Ultime Fauchelevent, Monsieur Leblanc, and Urbain Fabre. Valjean and police Inspector Javert, who repeatedly encounters Valjean and attempts to return him to prison, have become archetypes in literary culture. In the popular imagination, the character of Jean Valjean came to represent Hugo himself. Outline of the novel As a parolee, Valjean is issued a yellow passport with marching orders to Pontarlier, where he will be forced to live under severe restrictions. This document, often called a "passeport jaune" (yellow passport), identifies him to all as a former convict and immediately brands Valjean an outcast wherev ...
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