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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 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 conside ...
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 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 Revol ...
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 France was an intricate system of relations between the
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 i ...
and the police/judicial force. Together they helped to minimize
crime In ordinary language, a crime is an unlawful act punishable by a 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 C ...
while successfully fulfilling the guarantees made in the
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 Revol ...
written in 1789. Crime in post-Napoleonic France was seen as an act of
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 diplo ...
, which explains the harsh punishment. In
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 great ...
's 1862 novel ''
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 origin ...
'',
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 ...
receives a sentence of five years hard work in the
galley A galley is a type of ship that is propelled mainly by oars. The galley is characterized by its long, slender hull, shallow draft, and low freeboard (clearance between sea and gunwale). Virtually all types of galleys had sails that could be u ...
s 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 Fantine (French pronunciation: ) is a fictional character in Victor Hugo's 1862 novel ''Les Misérables''. She is a young '' grisette'' in Paris who becomes pregnant by a rich student. After he abandons her, she is forced to look after their chi ...
's fall through the cracks of
society A society is a group of individuals involved in persistent social interaction, or a large social group sharing the same spatial or social territory, typically subject to the same political authority and dominant cultural expectations. Soc ...
when they deserved special attention because of the situations that caused the crime.


See also

*
Judiciary of France In France, career judges are considered civil servants exercising one of the sovereign powers of the state, so French citizens are eligible for judgeship, but not citizens of the other EU countries. France's independent court system enjoys specia ...


References

{{DEFAULTSORT:Legal history of France