Law, Magistracy, and Crime in Old Regime Paris, 1735-1789: Volume 1, the System of Criminal Justice

ISBN-13: 9780521361699 / Angielski / Twarda / 1994 / 632 str.

Richard Mowery Andrews

Opis

This book is the first of two volumes centered around the two great courts of Paris, the Chatelet and Parlement, and their criminal defendants in the eighteenth century. Richard Andrews refutes the "black legend" of Revolutionary propaganda and its modern historical successors, which hold that the Old Regime courts were cruel and arbitrary. The author places the courts of Old Regime Paris in the context of French society and the state, and examines the practices and doctrines of punishment, along with the jurisprudence of moral and criminal behavior. By reconstructing the general system of royal criminal justice, Andrews explores the political system connected to it: the formation, authority and ethos of the magistracy and its relation to the monarchy, the Church, the aristocracy, the bourgeois and the plebians.

Recenzje

"Students of French Old Regime law, crime, and society will welcome the appearance of Andrews' study of Parisian crime and its judgment by the Chatelet and Parlement of Paris--tribunals whose vast jurisdictions in the capital and its region made them the monarchy's most important judicatures....[Andrews'] study transcends the legal, political, or prosopographical foci of existing studies of these courts to examine their actual administration of criminal justice, and his conclusions challenge historians to reexamine long-held assumptions about Old Regime society and criminal law....this first volume of Andrews' study gives historians much to anticipate in his second volume, which will examine the crimes and criminals that appeared before the Paris courts." Journal of Interdisciplinary History

Spis treści

List of illustrations, charts, and tables; Preface; Acknowledgments; Principal sources and abbreviations; General introduction: A. The metropolis and its region; B. The judiciary within the city; C. The judiciary within the state; Part I. Themistocracy: Introduction: meanings; 1. The Châtelet of Paris; 2. The Parlement of Paris; 3. Themistocrats; 4. A Fourth Estate: the uniqueness of the themistocracy; 5. Themistocratic family and kinship: the Maussions and their allies; 6. Professional culture; Conclusion: rule of law; Appendix: letter of appointment for Augustin Testard du Lys; Part II. Punishment: Introduction: imagery; 7. Liability and immunity; 8. Purposes; 9. Forms; 10. Royal mercy; Conclusion: tradition and modernity; Appendix: arrest de la cour du Parlement; Part III. Trial and Judgement: The Procedure of the 1670 Criminal Ordinance: Introduction: origins and legend; 11. Initiating judicial action; 12. Preparatory instruction; 13. Definitive instruction; 14. Interlocutory judgement; 15. Definitive judgement; Conclusion: principles; Appendix: penal decision, a mathematical model; Part IV. Trials and Judgments: Illustrative Cases: Introduction: the case record; 16. Assault; 17. Theft; 18. Murder; Conclusion: judgement: knowledge or power?; Conclusion to volume I; Index.