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THE FRENCH DEVELOPMENT DURING THE LATE 18 TH CENTURY

THE FRENCH DEVELOPMENT DURING THE LATE 18 TH CENTURY. By Group 3 Eveliina Kinnunen, Liu Zhe, Loïc Trottier & Liam Ellul. CONTENT. The absolute monarchy in France French Revolution philosophers The revolution and the universal declaration Napoleon and the restored monarchy.

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THE FRENCH DEVELOPMENT DURING THE LATE 18 TH CENTURY

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  1. THE FRENCH DEVELOPMENT DURING THE LATE 18TH CENTURY By Group 3 Eveliina Kinnunen, Liu Zhe, Loïc Trottier & Liam Ellul Lund University Comparative European Legal History

  2. CONTENT • The absolute monarchy in France • French Revolution philosophers • The revolution and the universal declaration • Napoleon and the restored monarchy Lund University Comparative European Legal History

  3. Absolute Monarchy In France 1643-1792 Lund University Comparative European Legal History

  4. Establishing Absolute Monarchy • Louis XIII • Louis XIV • Fronde • Nobles • Edict of Fontainebleau Lund University Comparative European Legal History

  5. ”I AM THE STATE” • The divine right of kings • The will of God Lund University Comparative European Legal History

  6. Legislation • Customs • Wellknown • Provedbefore the court Lund University Comparative European Legal History Lund University Comparative European Legal History

  7. THE PHILOSOPHERS • Voltaire • Rousseau • Montesquieu • Diderot • John Locke Lund University Comparative European Legal History

  8. VOLTAIRE • François-Marie Arouet (21 November 1694 – 30 May 1778), known by his nom de plume Voltaire • A French Enlightenment writer, historian and philosopher. • Attacks on the established Catholic Church • Advocacy of freedom of religion, freedom of expression, and separation of church and state. Lund University Comparative European Legal History

  9. ROUSSEAU • Jean-Jacques Rousseau (28 June 1712 – 2 July 1778) was a Genevan philosopher, writer, and composer of the 18th century. • The doctrine of democracy and popular sovereignty. • Social Contract • Men had the right to change their government, if they were not satisfied. Lund University Comparative European Legal History

  10. MONTESQUIEU • Charles-Louis de Secondat, Baron de La Brède et de Montesquieu (18 January 1689 – 10 February 1755), • A French social commentator and political thinker who lived during the Age of Enlightenment. • Separation of powers • All powers should not be concentrated in one person's hand. Lund University Comparative European Legal History

  11. SPIRIT OF LAW, BOOK XI, CHAP. IV • “DEMOCRATIC and aristocratic states are not in their own nature free…but constant experience shows us that every man invested with power is apt to abuse it, and to carry his authority as far as it will go. Is it not strange, though true, to say, that virtue itself has need of limits?” • “To prevent this abuse, it is necessary, from the very nature of things, power should be a check to power. A government may be so constituted, as no man shall be compelled to do things to which the law does not oblige him, nor forced to abstain from things which the law permits.” Lund University Comparative European Legal History

  12. SPIRIT OF LAW, BOOK XI, CHAP. VI • “IN every government there are three sorts of power: the legislative; the executive in respect to things dependent on the law of nations; and the executive in regard to matters that depend on the civil law…” • “When the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty; because apprehensions may arise, lest the same monarch or senate should enact tyrannical laws, to execute them in a tyrannical manner.” • “The judgments ought, and to such a degree, as to be ever conformable to the letter of the law. Were they to be the private opinion of the judge, people would then live in society without exactly knowing the nature of their obligations.” Lund University Comparative European Legal History

  13. SPIRIT OF LAW, BOOK XI, CHAP. VI • “One great fault there was in most of the ancient republics, that the people had a right to active resolutions, such as require some execution, a thing of which they are absolutely incapable. They ought to have no share in the government but for the choosing of representatives, which is within their reach.” Lund University Comparative European Legal History

  14. THE FRENCH REVOLUTION& THE « DÉCLARATION DES DROITS DE L’HOMME ET DU CITOYEN » Lund University Comparative European Legal History

  15. « SALLE DES MENUS PLAISIR » Lund University Comparative European Legal History

  16. Importants dates and events • « Déclaration sur la constitution de l’Assemblée » [June 17th 1789] • Sovereignty transferred from King to “l’Assemblée” • Real beginning of the revolution • Role of “l’Assemblée” : Come up with a constitution • 14th of July : • Prise de la Bastille • Decision to include a Human rights declaration in the Constitution Lund University Comparative European Legal History

  17. The constitution of 1791 • Influences : • Antiquity • Great-Britain • United-States • Montesquieu vs. Rousseau • King get caught fleeing the country and is executed Lund University Comparative European Legal History

  18. LA DÉCLARATION DES DROITS DE L’HOMME ET DU CITOYEN • Celebration of individuals rights • Natural rights such as : liberty, propriety, safety and resistance to oppression. • Liberty is : “tout ce qui ne nuit pas à autrui” • Includes : Penal presomption of innocence, liberty of opinion, of press, of conscience • Influences of the Enlightenment • It is still a valid constitutional document today Lund University Comparative European Legal History

  19. Constitutional changes • Three other constitutions will follow : • 1793 • 1795 • Finally 1799 - the End of the French Revolution • The Human Rights Declaration will be modified many times • Social Rights • Duty of insurrection • Abolishment of slavery • Liberty of association, of religion Lund University Comparative European Legal History

  20. NAPOLEON AND THE RESTORED MONARCHY • Napoleon was born on the island of Corsica in 1769.  • Napoleon fought well during the French revolution and was promoted to a Brigadier General. • Napoleon married Josephine de Beauharnais and gained command of the French army in Italy. • After defeating the Austrians in 1797, he negotiated the Treaty of Campo Formio, giving him fame and greater influence within France. • While in a campaign to capture Egypt and thus impair British shipping to India, he decided to return to Paris to take advantage of the weakened Directory, and successfully became first of three consuls in the new government which was proclaimed in 1799.

  21. As First Consul, Napoleon implemented a program to consolidate his power. • 1804, he set the foundation for much of Europe's legal system by establishing the Napoleonic Code. • He removed the Consulate and made himself Emperor, becoming the first monarch proclaiming himself as an embodiment of the nation. • So in 1812, Napoleon's Grand Army entered Russia in order to punish Alexander for abandoning the Continental system, but the ravages of the deadly Russian winter decimated his army. • Following the removal of Napoleon Bonaparte in 1814, the Bourbon Dynasty was restored to the French throne.

  22. In June 1815, the armies of Wellington and Blucher defeated Napoleon at Waterloo. • This new regime was a constitutional monarchy, so having limits on its abilities to govern and saw a re-establishment of the Roman Catholic Church an influential component of French politics. • Many of the legal, administrative, and economic reforms of the revolutionary period however, were left intact; the Napoleonic code which guaranteed legal equality and civil liberties and the peasants' biens nationaux,were not undone by the new King; Louis XVIII. Lund University Comparative European Legal History

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