Codification in France Flashcards
Describe the expansion of the Frankish empire into what was formerly the Western Roman Empire
-King Clodovech invades into south (King. of VG)
-Battle of Vouille–> King Alaric killed
Explain King Alaric’s role in the revitalisation of Roman law in his kingdom
-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
Describes King Chlodovech’s connection to Roman Catholicism
-KC converts to RC
-496AD baptised by Saint Remigius
-Reims (named after st.) becomes city where French kings are crowned
When did Charles the Great rule France/Frankish empire?
-768-814
How did the Holy Roman Empire form
-Treaty of Verdon
Middle part very hard to defend
-eventually merged into the eastern part
-Also known as the German empire
-ruled by Hapsburgs
Which source of law did Alaric use to apply Roman law to Roman subjects?
-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
Describe the battle of Voile
-Clovis beats Alaric
Describe the outcome of the Treaty of Verdun
-Empire of Charlemagne split into three parts:
-Western Frankia
-Eastern Frankia
-Middle Frankia
-Lothar given title of emperor
-Louis did allat
Describe the tension between the King of the Franks and the Holy Roman Emperor
-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
How did the French King seek to establish supremacy in his own land?
-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
Through which means did the French record customary law
-1510: Coutume de Paris
-contained prescrip. 2 record customary aw
Describe what homologation was
-the granting of approval by an official authority
Describe what mos gallicus was
- 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
What was the conflicting school of thought of ‘Mos Gallicus’
-Mos itallicus
-Italiano
Explain the Mos Itallicus school of thought
-very liberal interpretation
-very applicable to contemporary situations
Evaluate the extent of the parliaments power
-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
How did the kings try to mitigate the power of the parlaments
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
Describe what the parlaments were
-originally just curia regis (king’s court) (advisory council)
-developed in 2 law making body afterwards
-highest court in juris.
-Describe Louis the Sun King’s legal goals
-Wanted 2 centralise his power
-unification of law mode to achieve this
-wanted codification
How did Louis the 14th work towards his legalistic goals?
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
Why did parlaments favour legal diversity over codification
-wanted to have supreme power over the passing of legislation in the region
-wanted 2 remain the highest court in their regions
Describe how the French revolution accelarated codification
-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
Describe the transition of the monarchy for an absolute monarchy to a constitutional one
-King accepts constitution (1791)
Describe the transition of the constitutional monarchy to a republic
-accused of being counterrevolutionary
-flight to varrenes
-Armoire de fer controversy
-deposed
-guillotine
Describe the process of prep of Mr Cambaceres’ civil code
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
Describe the main principles of Napoleon’s Civil Code
-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.
Outline the prominent articles of the 1791 Constitution
–> 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
