Legal and Administrative Changes

Napoleonic Codes

• Overview:

  • Codified French laws to simplify and standardize them, completing revolutionary reforms.

  • Aimed to create a clear, written legal framework accessible to all, consolidating years of revolutionary upheaval.

  • Drafted by a committee of legal experts (under Cambacérès, Second Consul) starting in 1800. Representatives included both northern France (customary law tradition) and southern France (Roman law tradition).

  • Napoleon actively participated in revising drafts within the Council of State, especially clauses related to women’s rights.

  • Despite Tribunate objections on revolutionary principles, these were largely ignored.

• Civil Code (Code Napoléon):

  • Issued March 1804 as the Code Civil des Français, renamed Code Napoléon in 1807.

  • Revolutionary changes confirmed:

    • Abolition of feudalism and noble/Church privileges.

    • Secularization of the state.

    • Equality before the law and freedom of conscience.

    • Protection of legal rights for buyers of biens nationaux (nationalized Church and noble land).

  • Employer-Employee Relations:

    • Biased toward employers; associations of workers were forbidden.

    • Reinforced hierarchical power favoring employers.

  • Controversial Gender Roles:

    • Family structure emphasized male dominance: father/husband as head of the family.

    • Children subordinate to fathers until marriage: sons (≤25) and daughters (≤21) required paternal consent to marry.

    • Divorce allowed but limited:

      • Husbands could divorce for adultery; wives only if it occurred in the family home.

    • Female inheritance rights restricted; unmarried women barred from being guardians or legal witnesses.

  • Inheritance Laws:

    • Maintained partage (equal property division among children), replacing Ancien Régime primogeniture.

• Additional Legal Codes:

  • Civil Procedure Code (1806): Standardized court processes related to the Civil Code.

  • Commercial Code (1807): Established trade, debt, bankruptcy, and business rules.

  • Criminal Procedure Code (1808):

    • Retained trial by jury but allowed special courts to select juries via prefects.

    • Permitted arrest without trial under certain conditions.

  • Penal Code (1810):

    • Defined punishments:

      • Death penalty for murder, arson, and forgery.

      • Branding and hard labor for other crimes.

      • Specific penalties for parricide (e.g., loss of right hand before execution).

    • Introduced minimum and maximum penalties to avoid rigid sentencing.

Administration of Justice

• Judicial System:

  • Retained revolutionary judiciary structure but centralized control:

    • Initially, local magistrates were elected; post-1802, they were appointed by Napoleon.

    • Judges in civil and criminal courts appointed for life.

  • Judicial appointments based on departmental and national lists; Napoleon made direct appointments from 1802.

  • Imperial Prosecutors (procureurs impériaux): Appointed directly by Napoleon.

  • Judges chosen for professional qualifications, but purges (e.g., 1807) occurred for political reasons.

• Special Courts (1801):

  • Suppressed brigandage (banditry) without jury trials.

  • Held the authority to impose the death penalty.

Prefects

• Prefectorial System:

  • Centralized administrative control through the appointment of prefects in each département.

  • Prefects served as Napoleon’s representatives, ensuring loyalty to the regime and efficient governance.

  • Responsible for:

    • Law enforcement and maintaining public order.

    • Overseeing taxation and economic policy implementation.

    • Reporting subversive activities to higher authorities.

Police and Control

• Police Force:

  • Played a critical role in controlling dissent and maintaining order.

  • Directed by Joseph Fouché, Minister of Police, known for his effective but ruthless methods.

• Surveillance and Censorship:

  • Networks of spies monitored public sentiment.

  • Dissidents faced arrest or exile, often without trial under the Criminal Procedure Code (1808).

• Role of Prefects and Police:

  • Prefects collaborated closely with the police to enforce state policies, including censorship and propaganda.

  • Together, they ensured the state’s dominance over both public and private life.