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
Thus, in England (properly so called) alone, if Blackstone is to be
believed, there existed, at the period when he wrote, that is to
say, in the second half of the eighteenth century, twenty-four kinds
of Courts, several of which were subdivided into a great number of
individual courts, each of which had its special peculiarities. If we
set aside those kinds, which appear at that time to have almost fallen
into disuse, we shall then find eighteen or twenty.
If now the judicial system in itself be examined it will be found to
contain all sorts of imperfections.
In spite of the multiplicity of the courts there was frequently a
want of smaller courts, of primary instance, placed within the reach
of those concerned, and empowered to judge on the spot, and at little
expense, all minor matters. This want rendered such legal proceedings
perplexing and expensive. The same matters came under the jurisdiction
of several courts; and thus an embarrassing uncertainty hung over the
commencements of legal proceedings. Some of the Appeal Courts were also
Courts of original jurisdiction--sometimes the Courts of Common Law, at
other times the Courts of Equity. There was a great diversity of Appeal
Courts. The only central point was that of the House of Lords. The
administrative litigant was not separated from the ordinary litigant--a
fact which, in the eyes of most French legal men, would appear a
monstrous anomaly. All these courts, moreover, looked for the grounds
of their judgments in four different kinds of legislation; that of the
Courts of Equity was established upon practice and tradition, since its
very object was most frequently to go against custom and statute, and
to correct, by the rules of the system framed by the Judges in Equity,
all that was antiquated or too harsh in statute and custom.
These blemishes were very great; and if the enormous old machine of the
English judicial system be compared with the modern construction of
that of France, and the simplicity, consistence, and natural connexity
to be observed in the latter, with the remarkable complication and
incoherence of the former, the errors of the English jurisprudence
will appear greater still. Yet there is not a country in the world in
which, in the days of Blackstone, the great ends of justice are more
completely attained than in England; that is to say, no country in
which every man, whatever his condition of life--whether he appeared in
court as a common individual or a Prince--was more sure of being heard,
or found in the tribunals of his country better guarantees for the
defence of his property, his liberty, and his life.
Public-domain text, read in full here on John Shaqi.
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