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Go to shop › Law - Comparative Legal Systems, Comparative Law

Major differences between French law before the French Revolution and French law after the French Revolution

Title: Major differences between French law before the French  Revolution and French law after the French Revolution

Essay , 2014 , 23 Pages , Grade: 1,7

Autor:in: LL.B. Fabian Sachs (Author)

Law - Comparative Legal Systems, Comparative Law

Excerpt & Details   Look inside the ebook
Summary Excerpt Details

Der Autor gibt einen kurzen Überblick über den Absolutismus, deren Funktionen, der Staatstheorie, die Rechte der Bürger in jener Zeit, sowie eine kurze Abhandlung über die Zeit nach der Französischen Revolution, insb. in Bezug auf den Code Napoleon.

The topic of this essay is, to point out what are the major differences between French law before and after the French Revolution. According to the limit of words there will be a short overview of the time regarding to the Absolutism. Therefore there will be some explanations about the function of Absolutism, the state theory, the rights for citizens according to that
time as well as an overview about the situation after the French revolution- especially the Code Napoleon. Attached there are some figures to the separation of power from the
Absolutism.

Excerpt


Table of Contents

I. Introduction

1. Function of Absolutism

2. The state theory

3. Civil institutions and achievements

4. Class structure of the stands

II. Pre- and revolutionary situation

1. Demands from the French Revolution

2. Political offensive of the Third Estate

3. Forces and phases of the French Revolution

3.1 The storm of the Bastille and the first revolution chapter

3.2 Reforms and the declaration of human rights

3.3 The second chapter of the French revolution

3.4 The third chapter of the French revolution

3.5 The fourth chapter of the French revolution

III. The situation after the French revolution

1. Napoleons’ “coup d'etat”

2. Napoleons’ act on the legislation and its influence

Research Objective and Key Topics

This paper examines the fundamental transformations in French law and governance during the transition from the Absolutist regime to the post-revolutionary era, specifically analyzing how the French Revolution reshaped societal structures, political rights, and legal codifications, culminating in the influential Code Napoleon.

  • The socio-political functions and limitations of French Absolutism.
  • The revolutionary transition, from the storming of the Bastille to the Jacobin period.
  • Evolution of civil rights and the role of the Third Estate.
  • The legislative shift under Napoleon and the development of the Code Civil.
  • Comparison of governance models through successive constitutions (1791, 1793, 1795).

Excerpt from the Book

1. Function of Absolutism

The “new time state” was established in the end of the middle ages. In the 16th and 17th century the state regime went into a monarchy dictatorship, which is titled as an absolute monarchy - the Absolutism. The Absolutism is the last and highest form of the feudal state system. The aristocracy and the opposition haven’t got much power (in the mean of direct power and influence) in this system. In the political way the aristocracy and the opposition are pushing back by the Absolutism system. Therefore the absolute monarchy safe there social privilege stand in the feudal class as a whole, which is also guaranteed by his unlimited power of the monarch. This means that the monarch has got the legislative and executive power. In this case he has got also the judicative power as the highest judge, which is supported by an official authority, the finance authority, the military and the state church.

“L'État c'est moi”- I am the state is a famous sentence from Louis XIV of France and demonstrates the understanding of the state essentially at that time.

Summary of Chapters

I. Introduction: Outlines the scope of the paper regarding Absolutism, the development of state theory, and the shift in legal frameworks towards the Code Napoleon.

II. Pre- and revolutionary situation: Discusses the financial and ideological crises leading to the revolution, the demands of the Third Estate, and the distinct phases of the revolutionary movement.

III. The situation after the French revolution: Analyzes the political aftermath, Napoleon’s rise to power, and the long-term legal legacy of the Code Civil in Europe.

Keywords

Absolutism, French Revolution, Third Estate, Code Napoleon, Code Civil, Feudalism, Constitutional Monarchy, Human Rights, Jacobin Club, Sans-culottes, Legislaton, Sovereignty, Political Reform, Civil Rights, Napoleonic Era

Frequently Asked Questions

What is the core focus of this research paper?

The paper explores the major legal and political differences in France before and after the French Revolution, focusing on the transition from an Absolute Monarchy to the post-revolutionary legal state.

What are the primary thematic areas covered?

The study covers the structure of the Absolutist state, the catalysts for the French Revolution, the roles of different social classes, and the codification of law under Napoleon.

What is the central research goal?

The objective is to identify and analyze the structural changes in French law and society that resulted from the Revolution, highlighting the shift toward modern civil rights.

Which scientific methodology is employed?

The paper uses historical analysis, drawing upon constitutional documents, political theory, and historical accounts to compare governance systems and legal frameworks.

What topics are discussed in the main body?

The main body details the decline of feudalism, the phases of the revolution, the impact of various constitutions, and the formulation and lasting influence of the Code Civil.

Which keywords best characterize this work?

Key terms include Absolutism, French Revolution, Third Estate, Code Napoleon, and political reforms.

How does the author define the "Tiers État"?

The author identifies the "Tiers État" (Third Estate) as the majority of the nation, including intellectuals, the bourgeoisie, and farmers, who were largely without political rights under the ancient regime.

What significance is attributed to the Code Civil?

The Code Civil is described as a landmark achievement that unified French law, protected private property, and served as a model for legal systems in many other European countries.

What was the role of the "Sans-culottes" in the revolution?

The "Sans-culottes" are identified as a driving force of the revolution, representing the urban masses who played a crucial role in the shift toward radical democratic ideals during the Jacobin period.

Excerpt out of 23 pages  - scroll top

Details

Title
Major differences between French law before the French Revolution and French law after the French Revolution
College
University Pierre-Mendès-France  (Faculté de droit Grenoble)
Course
Historical Introduction to French Law, Certificate in French Law
Grade
1,7
Author
LL.B. Fabian Sachs (Author)
Publication Year
2014
Pages
23
Catalog Number
V268226
ISBN (Book)
9783656594321
ISBN (eBook)
9783656594376
Language
English
Tags
Code Napoleon Frankreich Geschichte Europa Historie Rechtsgeschichte französische
Product Safety
GRIN Publishing GmbH
Quote paper
LL.B. Fabian Sachs (Author), 2014, Major differences between French law before the French Revolution and French law after the French Revolution, Munich, GRIN Verlag, https://www.hausarbeiten.de/document/268226
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Excerpt from  23  pages
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