Skip to main content Accessibility help
×
Hostname: page-component-7479d7b7d-wxhwt Total loading time: 0 Render date: 2024-07-13T09:05:46.375Z Has data issue: false hasContentIssue false

5 - The nineteenth century: the interpretation of the Code civil and the struggle for the law

Published online by Cambridge University Press:  10 December 2009

R. C. Caenegem
Affiliation:
Universiteit Gent, Belgium
Get access

Summary

FRANCE

74 The years from 1789 to 1804 had been troubled but also very creative: suddenly every thing – even the boldest and most improbable innovations – seemed possible. The Napoleonic codes brought this brief period to an end and inaugurated a century of stability. From a legal point of view, it was also a century of sterility. The codes now existed; they suited the mentality and the interests of the citizens, and there was no reason to question them. Judges had only to respect them and apply them strictly; authors had merely to interpret the articles of the codes faithfully. It was out of the question now for case law or scholarship to attempt to innovate or play a creative role. Law had merged with statute, the statute was the work not of professors or magistrates, who had no mandate to act in the name of the nation, but of the legislator, the sole representative of the sovereign people.

During the Revolution the universities of the ancien régime, and their law faculties in particular, had been abolished. Some years later, schools of law were founded again, and in 1808 university teaching of law recommenced, although on a very different basis. The new system provided for a single Imperial University comprising twelve faculties of law, which were of identical standing and were under the direction of a central administration. Teaching and the subjects taught were strictly supervised by five inspectors-general. In 1809 a vice-rector was actually appointed in order to oversee the dean of the Paris faculty. This system was not operated in its full rigour, but it did for long influence the French university world profoundly.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 1992

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×