Chapter 19 - Legal And Administrative Change Flashcards

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1
Q

What did the codification of law help do?

A

Created a written + accessible record

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2
Q

Who helped create the Napoleonic codes?

A

Legal experts
2 lawyers from North
2 lawyers from South
Napoleon

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3
Q

When was the Code Civil des francais (Civil Code) issued?

A

1804

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4
Q

What was it renamed to in 1807?

A

‘Code Napoleon’

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5
Q

What key rev changes did it confirm?

A
  • Abolition of feudalism + Church privilege
  • Secularisation if the state
  • Equality before the law + freedom of conscience
  • Legal rights for the purchasers of biens nationaux
  • Supported Employer over employee
  • No association of workers
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6
Q

What was the most controversial areas of the new laws?

A

Re-establishment of male rights
(Showed a strong influence from Roman law)

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7
Q

What were some of these laws?

A

Husband head of family
Children controlled by fathers
Divorce still harder for woman
Female rights of inheritance restricted

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8
Q

What was the partage?

A

Where 75% of property had to be dispersed between all legitimate offspring (men + women)

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9
Q

How many more codes were commissioned by Napoleon?

A

4

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10
Q

What did the code in 1806 do?

A

Standardised court practice in relation to the civil code

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11
Q

What did the code in 1807 do?

A

Provided guidelines for trade and business
Included debt + bankruptcy

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12
Q

What did the code in 1808 do?

A

Maintained the practice of trial by jury
Could permit arrest without trial

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13
Q

What did the code in 1810 do?

A

Guideline for punishments
Established maximum + minimum penalties unlike absolutes in AR

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14
Q

What did N regard it as?

A

One of his main legacies
More consolidation than innovation

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15
Q

What changed in the judiciary after the Constitution of Year VIII?

A

Most stayed the same
But only local magistrates were elected by citizens
This was eventually phased out
Their service went from 3 to 10 years

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16
Q

What were judges appointed for?

A

For life

17
Q

Who eventually made the direct appointments of the judges?

A

Napoleon

18
Q

Who else did he appoint?

A

Government commissioners
Also called Imperial prosecutors

19
Q

Even though he chose men what was there occasionally?

A

Purges
Biggest in 1807

20
Q

What did the new special courts do?

A

Could impose the death penalty

21
Q

What did N inherit the system of?

A

Elected councils for local govts
But not always fully effective as no direct cooperation with central govt

22
Q

What did N replace this with?

A

Prefects
Agents responsible for central authority in the departements

23
Q

Who were they helped by?

A

Sub-prefects
District councils
Mayors
Commissioners of police

24
Q

What were prefects responsible for?

A

Conscription
Tax collection
Agriculture
Industry
Commerce
Public work
Roads
Welfare
Education

25
Q

How were they supposed to act?

A

Be ‘eyes + ears’ of central govt
Report behaviour
Spread propaganda
Carry govt orders out

26
Q

How were prefects chosen?

A

For talents not political views
Although moderates preferred to radicals

27
Q

What percentage of prefects were employed in the former rev govt?

A

68%

28
Q

What were the 5 main branches of local govt?

A

Prefects - under ministry of interior
Courts - ministry of justice
Gendarmerie - war ministry
Police - ministry of general police
Tax bureau - ministry of finance

29
Q

What did the administrative system offer?

A

Internal stability

30
Q

What were the two police forces N kept from rev govt?

A

Military police - gendarmerie
Civilian police - like secret police

31
Q

What were the gendarmes in the community?

A

6-10 men in each community
Kept with family away from people the policed
Had to come from different places to where they were policing
Given uniforms + rifles
Reported to minister of war

32
Q

What were the jobs of the gendarmerie?

A

Law enforcement
Dealing with violent crimes
Helped enforce conscription

33
Q

Eben though they were effective what were still problems?

A

Gangs of wandering labourers
Enforcing conscription was hard

34
Q

What did the administrative police (civilian) do?

A

Gathered info on troublemakers
Took orders from commissaries de police

35
Q

Who was the minister of police and what did they have to do?

A

Fouché
Daily reports to N

36
Q

What did they to you opponents of the structure?

A

Surveillance constantly
Letters interrogated
Literature destroyed
People exiled e.g. Madame de Stäel