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
The Assemblies of the Revolution, besides the laws which, by abolishing
feudalism, altered the character of real property, passed many others
concerning civil law. The most important are those of 1792, passed by
the Legislative Assembly, which organized the registers of the _etat
civil_ kept by the municipalities, and laid down rules for marriage as a
purely civil contract. Divorce was admitted to a practically unlimited
extent; it was possible not only for causes determined by law, and by
mutual consent, but also for incompatibility of temper and character
proved, by either husband or wife, to be of a persistent nature. Next
came the laws of the Convention as to inheritance, imposing perfect
equality among the natural heirs and endeavouring to ensure the division
of properties. Illegitimate children were considered by these laws as on
the same level with legitimate children. The Convention and the councils
of the Directory also made excellent laws on the administration of
_hypotheques_, and worked at the preparation of a Civil Code (see CODE
NAPOLEON). In criminal law their work was still more important. In 1791
the Constituent Assembly gave France her first penal code. It was
inspired by humanitarian ideas, still admitting capital punishment,
though accompanied by no cruelty in the execution; but none of the
remaining punishments was for life. Long imprisonment with hard labour
was introduced. Finally, as a reaction against the former system of
arbitrary penalties, there came a system of fixed penalties determined,
both as to its assessment and its nature, for each offence, which the
judge could not modify. The Constituent Assembly also reformed the
procedure of criminal trials, taking English law as model. It introduced
the jury, with the double form of _jury d'accusation_ and _jury de
jugement_. Before the judges procedure was always public and oral. The
prosecution was left in principle to the parties concerned, plaintiffs
or _denonciateurs civiques_, and the preliminary investigation was
handed over to two magistrates; one was the _juge de paix_, as in
English procedure at this period, and the other a magistrate chosen from
the district court and called the _directeur du jury_. The Convention,
before separating, passed the _Code des delits et des peines_ of the 3rd
Brumaire in the year IV. This piece of work, which was due to Merlin de
Douai, was intended to deal with criminal procedure and penal law; but
only the first part could be completed. It was the procedure established
by the Constituent Assembly, but further organized and improved.
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