The State of Society in France Before the Revolution of 1789: And the Causes Which Led to That EventTocqueville, Alexis de
History
The State of Society in France Before the Revolution of 1789: And the Causes Which Led to That Event
Tocqueville, Alexis de
France -- History -- Revolution, 1789-1799 -- Causes
From 1495 the character of the legislation was changed: the Roman
law began to penetrate; the _doctors_, as they were called, those
who had studied law in the foreign schools, entered the Government
and possessed themselves of the direction of the superior courts.
During the whole of the first half of the sixteenth century political
society maintained the same struggle against them that was going on
in England at the same time, but with very different success. At
the diet of Tübingen in 1514, and at those which succeeded it, the
representatives of feudalism and the deputies of the towns made all
kinds of representations against that which was taking place; they
attacked the legists who were invading all the courts, and changing the
spirit or the letter of all customs and laws. The advantage at first
seemed on their side; they obtained from the Government the promise
that henceforth the high courts should be composed of honourable and
enlightened men chosen from among the nobility and the Estates of the
Duchy, and not of doctors, and that a commission composed of agents
of the Government, and of representatives of the estates, should draw
up the project of a code which might serve as a rule throughout the
country. These efforts were vain. The Roman law soon drove the national
law out of a great portion of the legislation, and even took root in
the very ground on which it still suffered this legislation to subsist.
This victory of a foreign over the indigenous law is ascribed by many
German historians to two causes:--1. To the movement which at that
period attracted all minds towards the languages and literature of
antiquity, and the contempt which this inspired for the intellectual
productions of the national genius. 2. To the idea which had always
possessed the whole of the Middle Ages in Germany, and which displays
itself even in the legislation of that period, that the Holy Empire was
the continuation of the Roman Empire, and that the legislation of the
former was an inheritance derived from the latter.
These causes, however, are not sufficient to explain why the same law
should at the same period have been introduced into the whole continent
of Europe. I believe that this arose from the fact that at this time
the absolute power of the sovereigns was everywhere established on the
ruins of the ancient liberties of Europe, and that the Roman law, a law
of servitude, was admirably fitted to second their views.
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