Legal and Administrative Change Flashcards
When was Napoleon’s Civil Code issued? What were terms of this that reflected revolutionary changes? - Legal and Administrative Change
Napoleon’s Civil Code was issued in 1804. This abolished feudalism, removed church and noble privileges and created equality before the law. It also confirmed the rights of biens nationaux owners.
Why was codification of the law important to Napoleon? - Legal and Administrative Change
Codification of law would allow Napoleon to standardise and create a uniform legal system, as well as clearly defining the law following multiple changes throughout the revolutionary period.
What controversial aspects existed within Napoleon’s Civil Code in terms of male and female rights? - Legal and Administrative Change
The Civil Code forced children to remain subordinate to their father (and could even be imprisoned by him), restricted female inheritance rights, granted females limited divorce rights compared to offerings to those available to husbands, confirmed fathers as the heads of families.
When did Napoleon introduce a commercial code which provided guidelines for trade and industry? - Legal and Administrative Change
Napoleon introduced a commercial code for trade and business in 1807.
When did Napoleon introduce a code for criminal procedure? What practices did this permit? - Legal and Administrative Change
Napoleon introduced a code for criminal procedure in 1808, with this maintaining the use of trial by jury and the double jury system (until 1811). Also permitted arrest without trial in certain circumstances.
When did Napoleon create a new penal code for punishments? What were terms of this code? - Legal and Administrative Change
Napoleon created a penal code for punishments in 1810. This determined that the death penalty was applicable for murder, arson and forgery. Also said that maximum and minimum penalties could be created for crimes, rather than operating through the Ancien Regime’s fixed penalty system.
What impacts did the Constitution of Year VIII have on justices and magistrates in terms of their appointment and length of service? - Legal and Administrative Change
The Constitution of Year VIII meant that ONLY local magistrates would continue to be elected by citizens, with all other judges becoming directly appointed by Napoleon. Terms of services were also largely appointed for life (10 year maximum for local magistrates).
What issues were there with the system of elected local governments that Napoleon inherited? - Legal and Administrative Change
The system of elected local governments had seen little to no direct communication between elected councils and central government, making this operation disjointed. Furthermore, local councils often lacked the funds in order to effectively operate.
What were Napoleon’s prefects? What were their roles? - Legal and Administrative Change
Napoleon appointed prefects to be the chief administrator of each département. They would oversee tax collection, conscription, agriculture, industry, commerce, public work and welfare/education.
Who appointed prefects? How would they be assisted? - Legal and Administrative Change
Prefects were appointed directly by the First Consul. They would be assisted by sub-prefects, mayors, police commissioners, district councils, etc.
What % of 257 prefects from 1800 to 1812 were previously involved with revolutionary governments? - Legal and Administrative Change
68% of the prefects appointed from 1800 to 1812 were previously involved in revolutionary governments.
What backgrounds were prefects preferably from (politically, social background, former employment)? - Legal and Administrative Change
Most prefects came from backgrounds in the former nobility, the bourgeoisie or the military. They also tended to be of more moderate politics, although they were selected generally as talented administrators rather than based on political leanings.
What were the gendarmerie? What were their tasks? - Legal and Administrative Change
The gendarmerie were Napoleon’s elite and professional police force made up of former army veterans with exemplary service records. They were tasked with everyday law enforcement, focussing on dealing with bandits, thieves and violent crime. Also dealt with any rebellions.
What were the administrative police? What were its roles? - Legal and Administrative Change
The administrative police was responsible for general surveillance on suspect individuals. They gathered information on troublemakers, rounded these individuals up and called up the gendarmerie to arrest these individuals.
How did the role of the Administrative Police expand after 1810? What activities did they undertake? - Legal and Administrative Change
The Administrative Police became increasingly active after 1810, being ordered by Napoleon to undertake constant surveillance on all potential political opponents. This involved interrogating suspect individuals, letters being intercepted, trouble makers being exiled and literature being destroyed.
