legal and administrative change

Question 1

What did Napoleon continue from the revolutionaries ?

Answer 1

• Simplifying and clarifying the laws

- ALSO started codifying the laws

Question 2

When was the Civil code established, what changesdid it highlight and what was it later renamed as ?

Answer 2

• March 1804 : The civil code was issued and in Sept 1807 it was renamed the code Napoleon
• It confirmed key revolutionary changes : Abolition of feudalism, removal of noble/church privilege, secularisation of the state and equality before the law

Question 3

Additionally what did the Civil code confirm ? (Church)

Answer 3

• The 1804 Civil code also confirmed the legal rights of the purchases of biens nationaux + continued to support employer over employee and forbade the associations of workers

Question 4

How did the Napoleonic code reinforce male dominance ?

Answer 4

• Confirmed the Father/Husband as the head of the family
• Female rights of inheritance were restricted
• Children were subordinate to their father

Question 5

When was the criminal code introduced and what did it do ?

Answer 5

• 1808
• Maintained the practice of trial by jury (the first double jury system disappeared in 1811)
• In special courts, arrest arrest without trail was permitted

Question 6

Example of limitations of the legal reforms :

Answer 6

• 1801 a court was set up to deal with Brigands in which trial without jury was permitted

Question 7

What code was laid down in 1810 ?

Answer 7

• Penal code which retained capital and corporal punishment

- It established a maximum and minimum penalty rather than the fixed penalties of the Ancien Regime

Question 8

Areas of legal reform

Answer 8

1. Codes
2. Administration of justice
3. Prefects
4. Gendarmerie
5. Administrative police/civilian police

Question 9

What was retained and what was changed in the administration of justice ?

Answer 9

• Basic structures introduced after 1789 were kept BUT all judges were appointed rather than directly elected by their communities

Question 10

What was introduced in 1801 ?

Answer 10

• Special courts to suppress the brigandage (largely Chouan and Vemdean rebels)
• worked without juries and had to powers to impose the death penalty

Question 11

How long were judges in the higher courts appointed for ?

Answer 11

• For life and many had served earlier in the revolution

Question 12

When were prefects introduced, why and what were their roles ?

Answer 12

• Feb 1800 : Law revising the french administrative system
• Responsible for carrying out central authority in the Departments
• Appointed by the first Consul and directly responsible for the minister of the interior as previously there was no direct communication between local council and central government

Question 13

What was the role of prefects and who were they ?

Answer 13

• Responsible for carrying out central authority in the Departments
• Conscription, tax collection, public work and were expected to be the ‘eyes, ears and voice’ of the central government
• Chosen for their talent rather than politics + 68% had previously been appointed by former revolutionary governments

Question 14

What did the military police become and when ?

Answer 14

• They became the Gendarmerie in 1804

Question 15

What was the role of the gendarmerie and who were they ?

Answer 15

• Law enforcement, putting down riots and rebellions and enforcing conscription
• They were an elite professional force made of army veterans who were 1.75m or taller

Question 16

How effective were the Gendarmerie ?

Answer 16

• They were largely effective but enforcing conscription wasn’t easy and gangs of wandering labourers could cause periodic bursts of trouble

Question 17

What was the role of the administrative police ?

Answer 17

• Responsible for general surveillance : intercepted letters, destroyed dangerous publications and rounded up trouble makers who would be exiled (they weren’t able to make arrests, the Genarmerie had to be called)

Question 18

How were the administrative police organised ?

Answer 18

• Controlled by a commissioner (officer appointed in each town for over 5,000 people
• Police commissioners had to answer to the prefect of the department and would report directly to the Minister of the general police

Question 19

Who were the ministers of the Police (2) ?

Answer 19

1. 1800-1810 : Fouche
2. 1810-1814 : Savary
   Daily reports were expected to Napoleon

Question 19

What did Savary face by 1810 ?

Answer 19

• Napoleon expected the administrative police to crush the opposition and to seek out potential opponents before they could cause a problem for Napoleon

Question 20

What is the administration of NB’s brothers in other areas ?

Answer 20

• Kingdom of Westphalia (Jerome) established the Code Napoleon
• Joseph was less successful + so was Louis in Holland
• Eugene proved more successful as a viceroy in Italy

Question 21

Who was part of the inner Empire ?

Answer 21

• Enlarged France and the territories immediately beyond that (Belgium, Northern Italy, Switzerland, Netherlands and Western Germany)
• Well integrated, effectively administered and largely obedient
• the policy of ralliement created a loyal administrative class

Question 22

Who was part of the outer Empire ?

Answer 22

• Satellite states and conquered territories who were less enthusiastic about French rule
• Administrative control rested on the insecure alliance of local collaborators and French professionals both of whom were unpopular with the subjects