The same prepossession for electoral devices appeared in the Assembly's
judicial reforms. No part of its work was better conceived or, thanks
to the influence of the great lawyers in the House, carried out in a
better spirit than this. The old courts and Parlements, with their
abuses and delays, and their objectionable system of payment by fees,
were swept away. The power of arbitrary imprisonment, the practice
of torture, the prosecutions for heresy, the inequalities in the
administration of justice, and the disproportionate punishments for
trivial offences, which then disgraced the penal codes of nearly
every European country, were exchanged for a new and more equitable
system. Trial by jury was made the rule in criminal cases. Counsel
were permitted to be employed for the defence of the accused. Complete
publicity was introduced into the proceedings of the law courts. A
simple system was established for the administration of justice. A
civil court was created in each district, a criminal court in each
department, a final court of appeal at Paris; and, besides these
tribunals, small courts of summary jurisdiction, under Juges de Paix,
all over the country, and a special High Court at Orleans to try cases
of treason against the nation. But, admirable in many respects as the
new system was, and brightly as it contrasts with the dark practices
of the Ancien Régime, there ran through it all one grave defect, which
went far to diminish its value. With few exceptions, the judges and
officers of the law courts were appointed by popular election for short
periods of time, and were thus liable to be deprived of their posts, if
their sentences and conduct did not coincide with popular feeling. Such
a provision has been wisely held to be a serious danger to justice,
even among a tranquil and reasonable people. It was infinitely more
dangerous in a time of revolution, when reason was far less potent than
suspicion, and political passion ran exceptionally high.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account