Chapter 19 - Legal And Administrative Change Flashcards
What did the codification of law help do?
Created a written + accessible record
Who helped create the Napoleonic codes?
Legal experts
2 lawyers from North
2 lawyers from South
Napoleon
When was the Code Civil des francais (Civil Code) issued?
1804
What was it renamed to in 1807?
‘Code Napoleon’
What key rev changes did it confirm?
- 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
What was the most controversial areas of the new laws?
Re-establishment of male rights
(Showed a strong influence from Roman law)
What were some of these laws?
Husband head of family
Children controlled by fathers
Divorce still harder for woman
Female rights of inheritance restricted
What was the partage?
Where 75% of property had to be dispersed between all legitimate offspring (men + women)
How many more codes were commissioned by Napoleon?
4
What did the code in 1806 do?
Standardised court practice in relation to the civil code
What did the code in 1807 do?
Provided guidelines for trade and business
Included debt + bankruptcy
What did the code in 1808 do?
Maintained the practice of trial by jury
Could permit arrest without trial
What did the code in 1810 do?
Guideline for punishments
Established maximum + minimum penalties unlike absolutes in AR
What did N regard it as?
One of his main legacies
More consolidation than innovation
What changed in the judiciary after the Constitution of Year VIII?
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
What were judges appointed for?
For life
Who eventually made the direct appointments of the judges?
Napoleon
Who else did he appoint?
Government commissioners
Also called Imperial prosecutors
Even though he chose men what was there occasionally?
Purges
Biggest in 1807
What did the new special courts do?
Could impose the death penalty
What did N inherit the system of?
Elected councils for local govts
But not always fully effective as no direct cooperation with central govt
What did N replace this with?
Prefects
Agents responsible for central authority in the departements
Who were they helped by?
Sub-prefects
District councils
Mayors
Commissioners of police
What were prefects responsible for?
Conscription
Tax collection
Agriculture
Industry
Commerce
Public work
Roads
Welfare
Education
How were they supposed to act?
Be ‘eyes + ears’ of central govt
Report behaviour
Spread propaganda
Carry govt orders out
How were prefects chosen?
For talents not political views
Although moderates preferred to radicals
What percentage of prefects were employed in the former rev govt?
68%
What were the 5 main branches of local govt?
Prefects - under ministry of interior
Courts - ministry of justice
Gendarmerie - war ministry
Police - ministry of general police
Tax bureau - ministry of finance
What did the administrative system offer?
Internal stability
What were the two police forces N kept from rev govt?
Military police - gendarmerie
Civilian police - like secret police
What were the gendarmes in the community?
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
What were the jobs of the gendarmerie?
Law enforcement
Dealing with violent crimes
Helped enforce conscription
Eben though they were effective what were still problems?
Gangs of wandering labourers
Enforcing conscription was hard
What did the administrative police (civilian) do?
Gathered info on troublemakers
Took orders from commissaries de police
Who was the minister of police and what did they have to do?
Fouché
Daily reports to N
What did they to you opponents of the structure?
Surveillance constantly
Letters interrogated
Literature destroyed
People exiled e.g. Madame de Stäel
