Geoffroi Jacques Flach
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Geoffroi Jacques Flach (February 16, 1846 – December 4, 1919) was a French
jurist A jurist is a person with expert knowledge of law; someone who analyses and comments on law. This person is usually a specialist legal scholar, mostly (but not always) with a formal qualification in law and often a legal practitioner. In the Uni ...
and
historian A historian is a person who studies and writes about the past and is regarded as an authority on it. Historians are concerned with the continuous, methodical narrative and research of past events as relating to the human race; as well as the stu ...
born at
Strasbourg Strasbourg (, , ; german: Straßburg ; gsw, label=Bas Rhin Alsatian, Strossburi , gsw, label=Haut Rhin Alsatian, Strossburig ) is the prefecture and largest city of the Grand Est region of eastern France and the official seat of the Eu ...
,
Alsace Alsace (, ; ; Low Alemannic German/ gsw-FR, Elsàss ; german: Elsass ; la, Alsatia) is a cultural region and a territorial collectivity in eastern France, on the west bank of the upper Rhine next to Germany and Switzerland. In 2020, it had ...
, of a family known at least as early as the 16th century, when Sigismond Flach was the first professor of law at
University of Strasbourg The University of Strasbourg (french: Université de Strasbourg, Unistra) is a public research university located in Strasbourg, Alsace, France, with over 52,000 students and 3,300 researchers. The French university traces its history to the ea ...
. G.J. Flach studied classics and
law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
at Strasbourg, and in 1869 took his degree of doctor of law. In his theses as well as in his early writings such as ''De la subrogation réelle, La Bonorum possessio'', and ''Sur la durée des effets de la minorité'' (1870) he endeavored to explain the problems of laws by means of history, an idea which was new to France at that time. The Franco-Prussian War engaged Flach's activities in other directions, and he spent two years (described in his ''Strasbourg après le bombardment'', 1873) at work on the rebuilding of the library and the museum, which had been destroyed by
Prussia Prussia, , Old Prussian: ''Prūsa'' or ''Prūsija'' was a German state on the southeast coast of the Baltic Sea. It formed the German Empire under Prussian rule when it united the German states in 1871. It was ''de facto'' dissolved by an em ...
n shells. When the time came for him to choose between
Germany Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated betwe ...
and France, he settled definitely in
Paris Paris () is the capital and most populous city of France, with an estimated population of 2,165,423 residents in 2019 in an area of more than 105 km² (41 sq mi), making it the 30th most densely populated city in the world in 2020. S ...
, where he completed his scientific training at the
École des Chartes École may refer to: * an elementary school in the French educational stages normally followed by secondary education establishments (collège and lycée) * École (river), a tributary of the Seine flowing in région Île-de-France * École, Sav ...
and the
École des Hautes Études École may refer to: * an elementary school in the French educational stages normally followed by secondary education establishments (collège and lycée) * École (river), a tributary of the Seine flowing in région Île-de-France * École, Savoi ...
. Having acted for some time as secretary to Jules Sénard, ex-president of the
Constituent Assembly A constituent assembly (also known as a constitutional convention, constitutional congress, or constitutional assembly) is a body assembled for the purpose of drafting or revising a constitution. Members of a constituent assembly may be elected b ...
, he published an original paper on artistic copyright, but as soon as possible resumed the history of law. In 1879 he became assistant to the jurist
Édouard René de Laboulaye __NOTOC__ Édouard René Lefèbvre de Laboulaye (; 18 January 1811 – 25 May 1883) was a French jurist, poet, author and anti-slavery activist. In 1865, he originated the idea of a monument presented by the French people to the United States tha ...
at the
Collège de France The Collège de France (), formerly known as the ''Collège Royal'' or as the ''Collège impérial'' founded in 1530 by François I, is a higher education and research establishment (''grand établissement'') in France. It is located in Paris ne ...
, and succeeded him in 1884 in the chair of comparative legislation. Since 1877 he had been professor of comparative law at the free school of the political sciences. To qualify himself for these two positions he had to study the most diverse civilizations, including those of the East and Far East (e.g.
Hungary Hungary ( hu, Magyarország ) is a landlocked country in Central Europe. Spanning of the Carpathian Basin, it is bordered by Slovakia to the north, Ukraine to the northeast, Romania to the east and southeast, Serbia to the south, Croatia a ...
,
Russia Russia (, , ), or the Russian Federation, is a List of transcontinental countries, transcontinental country spanning Eastern Europe and North Asia, Northern Asia. It is the List of countries and dependencies by area, largest country in the ...
and
Japan Japan ( ja, 日本, or , and formally , ''Nihonkoku'') is an island country in East Asia. It is situated in the northwest Pacific Ocean, and is bordered on the west by the Sea of Japan, while extending from the Sea of Okhotsk in the north ...
) and even the antiquities of
Babylon ''Bābili(m)'' * sux, 𒆍𒀭𒊏𒆠 * arc, 𐡁𐡁𐡋 ''Bāḇel'' * syc, ܒܒܠ ''Bāḇel'' * grc-gre, Βαβυλών ''Babylṓn'' * he, בָּבֶל ''Bāvel'' * peo, 𐎲𐎠𐎲𐎡𐎽𐎢 ''Bābiru'' * elx, 𒀸𒁀𒉿𒇷 ''Babi ...
ia and other Asiatic countries. Some of his lectures have been published, particularly those concerning
Ireland Ireland ( ; ga, Éire ; Ulster Scots dialect, Ulster-Scots: ) is an island in the Atlantic Ocean, North Atlantic Ocean, in Northwestern Europe, north-western Europe. It is separated from Great Britain to its east by the North Channel (Grea ...
: ''Histoire du régime agraire de l'Irlande'' (1883); ''Considérations sur l'histoire politique de l'Irlande'' (1885); and ''Jonathan Swift, son action politique en Irlande'' (1886). His chief efforts, however, were concentrated on the history of ancient French law. A celebrated
lawsuit - A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil actio ...
in Alsace, pleaded by his friend and compatriot Ignace Chauffour, aroused his interest by reviving the question of the origin of the feudal laws, and gradually led him to study the formation of those laws and the early growth of the feudal system. His great work, ''Les Origines de l'ancienne France'', was produced slowly. In the first volume, ''Le Régime seigneurial'' (1886), he depicts the triumph of
individualism Individualism is the moral stance, political philosophy, ideology and social outlook that emphasizes the intrinsic worth of the individual. Individualists promote the exercise of one's goals and desires and to value independence and self-reli ...
and
anarchy Anarchy is a society without a government. It may also refer to a society or group of people that entirely rejects a set hierarchy. ''Anarchy'' was first used in English in 1539, meaning "an absence of government". Pierre-Joseph Proudhon adopted ...
, showing how, after
Charlemagne Charlemagne ( , ) or Charles the Great ( la, Carolus Magnus; german: Karl der Große; 2 April 747 – 28 January 814), a member of the Carolingian dynasty, was King of the Franks from 768, King of the Lombards from 774, and the first Holy ...
's great but sterile efforts to restore the Roman principle of sovereignty, the great landowners gradually monopolized the various functions in the state; how society modelled on antiquity disappeared; and how the only living organisms were vassalage and clientship. The second volume, ''Les Origines communales, et féodalité et la chevalerie'' (1893), deals with the reconstruction of society on new bases which took place in the 10th and 11th centuries. It explains how the Gallo-Roman villa gave place to the village, with its fortified castle, the residence of the lord; how new towns were formed by the side of old, some of which disappeared; how the townspeople united in corporations; and how the communal bond proved to be a powerful instrument of cohesion. At the same time it traces the birth of
feudalism Feudalism, also known as the feudal system, was the combination of the legal, economic, military, cultural and political customs that flourished in medieval Europe between the 9th and 15th centuries. Broadly defined, it was a way of structur ...
from the germs of the Gallo-Roman personal comitalus; and shows how the bond that united the different parties was the contract of the
fief A fief (; la, feudum) was a central element in medieval contracts based on feudal law. It consisted of a form of property holding or other rights granted by an Lord, overlord to a vassal, who held it in fealty or "in fee" in return for a for ...
; and how, after a slow growth of three centuries, feudalism was definitely organized in the 12th century. In 1904 appeared the third volume, ''La Renaissance de l'État'', in which the author describes the efforts of the
Direct Capetian The House of Capet (french: Maison capétienne) or the Direct Capetians (''Capétiens directs''), also called the House of France (''la maison de France''), or simply the Capets, ruled the Kingdom of France from 987 to 1328. It was the most s ...
kings to reconstruct the power of the Frankish kings over the whole of
Gaul Gaul ( la, Gallia) was a region of Western Europe first described by the Romans. It was inhabited by Celtic and Aquitani tribes, encompassing present-day France, Belgium, Luxembourg, most of Switzerland, parts of Northern Italy (only during ...
; and goes on to show how the clergy, the heirs of the imperial tradition, encouraged this ambition; how the great lords of the kingdom (the "princes", as Flach calls them), whether as allies or foes, pursued the same end; and how, before the close of the 12th century, the Capetian kings were in possession of the organs and the means of action which were to render them so powerful and bring about the early downfall of feudalism. In these three volumes, which appeared at long intervals, the author's theories are not always in complete harmony, nor are they always presented in a very luminous or coherent manner, but they are marked by originality and vigour. Flach gave them a solid basis by the wide range of his researches, utilizing charters and
cartularies A cartulary or chartulary (; Latin: ''cartularium'' or ''chartularium''), also called ''pancarta'' or ''codex diplomaticus'', is a medieval manuscript volume or roll (''rotulus'') containing transcriptions of original documents relating to the fo ...
(published and unpublished), chronicles, lives of saints, and even those dangerous guides, the ''
chansons de geste The ''chanson de geste'' (, from Latin 'deeds, actions accomplished') is a medieval narrative, a type of epic poem that appears at the dawn of French literature. The earliest known poems of this genre date from the late 11th and early 12th cen ...
''. He owed little to the historians of feudalism, who knew what feudalism was, but not how it came about. He pursued the same method in his ''L'Origine de l'habitation et des lieux habités en France'' (1899), in which he discusses some of the theories circulated by A Meitzen in Germany and by Arbois de Jubainville in France. Following in the footsteps of the jurist F. K. von Savigny, Flach studied the teaching of law in the Middle Ages and the
Renaissance The Renaissance ( , ) , from , with the same meanings. is a period in European history marking the transition from the Middle Ages to modernity and covering the 15th and 16th centuries, characterized by an effort to revive and surpass ideas ...
, and produced ''Cujas les glossateurs et les Bartolistes'' (1883), and ''Études critiques sur l'histoire du droit romain au moyen âge, avec textes inédits'' (1890). Flach's library was purchased by the
University of Missouri The University of Missouri (Mizzou, MU, or Missouri) is a public university, public Land-grant university, land-grant research university in Columbia, Missouri. It is Missouri's largest university and the flagship of the four-campus Universit ...
in 1920 and is preserved at the University of Missouri Libraries.


References

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External links


Jacques Flach Collection
at the
University of Missouri The University of Missouri (Mizzou, MU, or Missouri) is a public university, public Land-grant university, land-grant research university in Columbia, Missouri. It is Missouri's largest university and the flagship of the four-campus Universit ...
Libraries {{DEFAULTSORT:Flach, Geoffroi 1846 births 1919 deaths 19th-century French historians Academic staff of the Collège de France French male non-fiction writers 19th-century French jurists 20th-century French jurists 20th-century French historians Writers from Strasbourg