Napoleon's Legal and Administrative Reforms

What were the prefects?

They were similar to the intendants of the Ancien Regime, they would carry out central authority in each of the departments

What were the responsibilities of the prefects?

The ensured the enactment of government orders, acting as the 'eyes and ears' of the government by reporting subversive behaviour, spreading propaganda, carry out conscription, levy tax, public education, a role in commerce, industry and agriculture

Who appointed prefects?

First Consul-- Napoleon

Were the prefects selected based on ideological leanings or wealth?

No, they were chosen based on their merits and experience

What % of prefects selected between 1800-1812 had gained experience from serving in previous revolutionary governments?

68%-- meritocracy

What was the backgrounds of the prefects like generally?

There was a variety of backgrounds, including the military, however they were majority haute bourgeoisie or former nobility

Did Napoleon's legal and administrative reforms just apply to France itself?

No, they also applied to the territories/colonies incl the new admin roles, policing and the civil code

What was the gendarmerie and their role?

The military police in charge of everyday police enforcement against thefts, violent crimes-- they were the arm of the government closest to the people

When were the gendarmerie originally set up?

1791

Were the gendarmerie an effective force?

Generally they proved effective although enforcing conscription was difficult and sometimes gangs of unemployed could cause incidents of unrest

How were the gendarmerie isolated from those they were policing? What was the effect?

They were kept in separate barracks to ensure that they didn't form bonds with those they were policing + they were never recruited from the area they would be policing

How were members of the gendarmerie meritocratically selected?

They were an elite force made up of veterans who had been vetted for their good service record

Who were the gendarmerie answerable to?

The Minister of War-- central control

Were the gendarmerie only in France?

No, they were also in territories like Italy and Belgium

What was the civilian police and their role?

They were the administrative police who were in charge of general surveillance and reporting habitual troublemakers

Who were the civilian police answerable to?

The prefects, Fouche & Savary the Ministers of General Police

When was the Civil Code passed?

1804

How did the introduction of the Civil Code ensure rule of law?

It was universal and meant that the application of the law was even and equal everywhere

The Civil Code replaced the practice of ___ with the practice of ___

primogeniture replaced with partage (land split amongs all sons)

Which element of the civil code appeased the bourgeoisie?

The biens nationaux was protected + the practise of partage

How did the civil code disempower the church?

The church's privileges were removed in law

Which element of the civil code appeased the peasantry?

The civil code confirmed the abolition of feudalism

How did NB passing the civil code enhance the protection of civil rights?

They were enshrined in law, which was more stable than the constitution because it kept getting replaced so often

Which philosophe thinker was anti-slavery?

Diderot

What did the civil code do regarding slavery?

It reintroduced slavery to the colonies (except Haiti) after it had been abolished under the Jacobin

In what 4 ways did Napoleon extend the definition of property in the civil code?

It was extended to include slaves, workers, women and children-- this was a return back to Roman Law exercised under the Ancien Regime

What was the livret and why did it reduce the freedom of workers?

It was a work passport which employers needed to request in order to go and seek employment-- it made it more difficult to leave your current job + any past infractions were put on it

How were employers given the upper hand in industrial relations under the civil code?

Only employers could settle wage disputes

What were the different ways in which the rights of women were stripped under the civil code?

They could be imprisoned for disobedience or adultery, divorce was based on adultery only, no right to own land, they had to ask the husband's permission to inherit things, they had no legal identity (property), they lost parental rights

Until what age were women considered children? Until what age were men considered children?

Women- 21 Men-25

How were children oppressed by the civil code?

They could be imprisoned for disobeying parents and they were considered property

Did NB radically reform France's justice system?

No, he retained much of the structure established by previous governments from the constitution of 1791

When did NB set up military and special courts and what did they do?

1801-- they were for armed rebels and anyone accused of sedition

From ___ the election of local magistrates was phased out, and their three year terms were extended to ___ years

From 1802, their terms were extended to 10 years

How were Napoleon's special courts illiberal?

They tried defendants without jury and defendants were denied the right to appeal

Who appointed judges for major criminal and civil courts and how long were their terms?

Napoleon appointed them (unelected) and they had life long terms BUT they were appointed based on their experience and merits

In what year did Napoleon purge France's lawyers and legal personnel?

1807

What did the 1806 code on civil procedure do?

It standardised court practise in relation to the civil code-- universal rule of law

What did the 1807 commercial code do?

It provided guidelines for trade and businesses-- economic regulations

What did the 1808 code on criminal procedure do?

Maintained the practise of trial by jury

What was illiberal about the 1808 code on criminal procedure?

It permitted arrested without trial

What could you receive the death penalty for under the 1810 penal code?

Murder, arson and forgery

What was the punishment for parricide under the 1810 penal code?

You lost your right hand for parricide

What inhumane punishments were permitted under the 1810 penal code?

Crimes could incur branding and hard labour