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Legal History > Codification in France > Flashcards

Codification in France Flashcards

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1
Q

Describe the expansion of the Frankish empire into what was formerly the Western Roman Empire

A

-King Clodovech invades into south (King. of VG)
-Battle of Vouille–> King Alaric killed

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2
Q

Explain King Alaric’s role in the revitalisation of Roman law in his kingdom

A

-Introduced ‘codified’ RL
-only exclusive 4 Roman descent
-Not. CIC (justianus had not conque. France)
-j roman emeperor’s before him’s norms
-e.g: law of citations
- as a result, South part of France particularly connected to RL

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3
Q

Describes King Chlodovech’s connection to Roman Catholicism

A

-KC converts to RC
-496AD baptised by Saint Remigius
-Reims (named after st.) becomes city where French kings are crowned

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4
Q

When did Charles the Great rule France/Frankish empire?

A

-768-814

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5
Q

How did the Holy Roman Empire form

A

-Treaty of Verdon
Middle part very hard to defend
-eventually merged into the eastern part
-Also known as the German empire
-ruled by Hapsburgs

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6
Q

Which source of law did Alaric use to apply Roman law to Roman subjects?

A

-Lex Romana Visigothorum Brevarium
-Codex Theodosianus
-some ius
-Justinian’s codifications do not apply
-personality principle + roman law still applied even with the killing of Alairc

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7
Q

Describe the battle of Voile

A

-Clovis beats Alaric

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8
Q

Describe the outcome of the Treaty of Verdun

A

-Empire of Charlemagne split into three parts:
-Western Frankia
-Eastern Frankia
-Middle Frankia
-Lothar given title of emperor
-Louis did allat

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9
Q

Describe the tension between the King of the Franks and the Holy Roman Emperor

A

-Argued by the Holy Roman Emperor that the Frankish king should follow his rules
-feudalism popular across Europe
-lack of regulation + kingly power
-at the height of feudalism pyramid technically is the emperor
-SUP. IMPERIUM
-Sover. of King based on writ. of Roman law scholars
-Popularity of Roman Law

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10
Q

How did the French King seek to establish supremacy in his own land?

A

-Claimed the idea of ‘princeps’
-first in order
-Favoured cust. law
-Northern France–> use of Frankish customary law
-‘droit coutumier’
-Southern France
-Roman influnce
-Written Roman law
-‘droit ecrit’
-but claimed to establish supre. of custom. law that they didn’t apply Roman law cus it has sup. pow.
-due to being part of HRE
-but because it’s their CUSTOM
-Got the pope to ban teaching of Roman law in French unis

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11
Q

Through which means did the French record customary law

A

-1510: Coutume de Paris
-contained prescrip. 2 record customary aw

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12
Q

Describe what homologation was

A

-the granting of approval by an official authority

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13
Q

Describe what mos gallicus was

A
  • French mode of interpretation
    -often applied to Roman law
    -humanist approach 2 past laws
    -more focused on his. mea. rather than modern interpr.
    -inv. specific his. context of Roman society
    -so cannot apply to modern law
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14
Q

What was the conflicting school of thought of ‘Mos Gallicus’

A

-Mos itallicus
-Italiano

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15
Q

Explain the Mos Itallicus school of thought

A

-very liberal interpretation
-very applicable to contemporary situations

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16
Q

Evaluate the extent of the parliaments power

A

-Highly influential in leg. scope of FE
Sovereignty in own jurisdiction
-no ability 2 appeal 2 HC
-decision final
-LEGAL DIVERSITY
-not j judicial role
- sometimes king handed LP 2 parlements
-could make laws which would be gen. appl.
-LASTING impact
-some prov. made it to code civil

-Laws being applic. in parlaments specific juris. dependent on parlamentary approval
-droit de remontrance
-Oftentimes seen as independent from king in practice

-undermine authority of king thru. criticism
-droit de remontrance

17
Q

How did the kings try to mitigate the power of the parlaments

A

1667- Sun king louis XiV took right of droit de remontrance away from parlament
1771- parlaments deprived of all power
1788- Louis 16- abolished the droit de remonstrance
-but action paused until Estates General

18
Q

Describe what the parlaments were

A

-originally just curia regis (king’s court) (advisory council)
-developed in 2 law making body afterwards
-highest court in juris.

19
Q

-Describe Louis the Sun King’s legal goals

A

-Wanted 2 centralise his power
-unification of law mode to achieve this
-wanted codification

20
Q

How did Louis the 14th work towards his legalistic goals?

A

Successfully codified some areas of law:
-Law of civil procedure- “Ordonnance civile pour la reformation de la justice”
-law of criminal prodecure- ordonnance sur la procedure criminelle
-commercial law- Ordonnane du Commerce
-Maritime law- Ordonance de la Marine

21
Q

Why did parlaments favour legal diversity over codification

A

-wanted to have supreme power over the passing of legislation in the region
-wanted 2 remain the highest court in their regions

22
Q

Describe how the French revolution accelarated codification

A

-Storming of Bastille accelerated Declaration of the Rights of Man and Citizen
-Ended feudalism
-much of customary law null and void
-Flight to Varennes in part motivated te forming of first constitution (1971)
-necessitated new CC suit. 2 constitution
-new constitution promised this

23
Q

Describe the transition of the monarchy for an absolute monarchy to a constitutional one

A

-King accepts constitution (1791)

24
Q

Describe the transition of the constitutional monarchy to a republic

A

-accused of being counterrevolutionary
-flight to varrenes
-Armoire de fer controversy
-deposed
-guillotine

25
Q

Describe the process of prep of Mr Cambaceres’ civil code

A

The sad story of Mr. Cambaceres
1st draft (1793): jacobines think it’s not revolutionary
2nd draft (1794):
-no jacobins
too Shorter, as the Jacobines wanted the French people to be able to read it.
3rd draft (1796):
Convention (originally: assembly) in meantime dissolved, now Directoire, but draft never adopted > coup d’etat of Napoleon in 1799
-NCC

26
Q

Describe the main principles of Napoleon’s Civil Code

A

-Not as much revolutionary elements
-but all male citizens are equal:
-hereditary nobility
-class privileges
-no church control of state
-freedom of person
-freedom of contract
-inviol. of private property
-final culmination of rev.

27
Q

Outline the prominent articles of the 1791 Constitution

A

–> Article 6–> outlining of rousseaus view on volite general
-thus must be same/ equal
-access to all offices despite here. class
–> Article 16–> Montesquie seperation of powers essential part of society
–>Article 4–> Rousseau’s view–> sovereignty lies in the pepople

Legal History (13 decks)

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