Encyclopaedia Britannica, 11th Edition, "France" to "Francis Joseph I.": Volume 10, Slice 8Various
History
Encyclopaedia Britannica, 11th Edition, "France" to "Francis Joseph I.": Volume 10, Slice 8
Various
Encyclopedias and dictionaries
As to criminal law, there have been more than fifty enactments, mostly
involving important modifications, due to more scientific ideas of
punishment, so that we may say that it has been almost entirely recast
since the establishment of the Third Republic. The separate system
applied in cases of preventive detention and imprisonment for short
periods; liberation before the expiry of the term of sentence, subject
to the condition that no fresh offence shall be committed within a given
time; transportation to the colonies of habitual offenders; the
remission of the penalty in the case of first offenders, and the lapsing
of the penalty when a certain time has gone by without a fresh
condemnation; greater facilities for the rehabilitation of condemned
persons, which now became simply a matter for the courts, and occurred
as a matter of course at the end of a certain time; such were the chief
results of this legislation. Finally, the law of the 8th of December
1897 completely altered the form of the preliminary examination before
the _juge d'instruction_, which had been the weakest point in the French
criminal procedure, though it was still held in private; the new law
made this examination really a hearing of both sides, and made the
appearance of counsel for the defence practically compulsory.
As to private law, both civil and commercial, we could enumerate between
1871 and 1906 more than a hundred laws which have modified it, sometimes
profoundly, and have for the most part done very useful work without
attracting much attention. They are generally examined and drawn up by
commissions of competent men, and pass both chambers almost without
discussion. There have, however, been a few which aroused public
interest and even deep feeling. Firstly, there was the law of the 27th
of July 1884, and those which completed it; this law re-established
divorce, which had been abolished since 1816, but only permitted it for
certain definite causes determined by law. On the other hand, the law of
the 6th of February 1893 increased the liberty and independence of a
woman who was simply judicially separated, in order to encourage
separation, as opposed to divorce, when the conditions allowed it. The
law of the 25th of March 1896 on the succession of illegitimate
children, who were recognized by the parents, treated them not in the
same way as legitimate children, but gave them the title of heirs in the
succession of their father and mother, together with much greater rights
than they had possessed under the _Code Civil_. The law of the 24th of
July 1899, on the protection of children who are ill-treated or morally
neglected, also modified some of the provisions of the law as applied to
the family, with a view to greater justice and humanity. Finally, on the
occasion of the centenary of the _Code Civil_ (see CODE NAPOLEON), a
commission, composed of members of the chambers, magistrates, professors
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