Chapter 19: Legal and administrative change
The Napoleonic codes
N’s work in simplifying and clarifying France’s complex structure of laws was really the culmination of the
work of the revolutionaries, who had already made a number of changes to the legal system. Codification of law
not only helped to standardise law by creating a written and accessibly record, but also provided an
opportunity for defining the law after all the revolutionary upheavals. A committee of legal experts, under the
supervision of Cambacérès, the Second Consul, was established in 1800 to establish a French civil law code.
Two lawyers were chosen to represent northern France which had traditionally used customary law was the
bases for judgements. Two came from the south, where Roman law had been applied. A draft civil law code was
presented in 1800. N keenly participated in the sessions of the Council of State that revised the drafts, showing
a particular interest in the clauses relating to women’s rights. Some, in the Tribunate, spoke out against some
of the proposals, on the grounds that they were contrary to revolutionary principles, but they were ignored.
In March 1804, the Code Civil des Français (Civil Code) was finally issued. In September 1807 it was renamed
‘Code Napoleon’. It confirmed the key revolutionary changes:
The abolition of feudalism and removal of noble and Church privilege
The secularisation of the state
Equality before the law and freedom of conscience
It also:
Conformed the legal rights of the purchases of the biens nationaux
Continued to support employer over employee and forbade associations of workers
However, while much of the code was concerned with property law, the most controversial areas concerned
with the re-establishment of male rights; clauses which showed a strong influence of Roman law
The father/husband was conformed as head of the family
Children were subordinate to their father until marriage and could be imprisoned by him for
deficiencies in behaviour
Until sons were 25 and daughters 21, they had to have their father’s permission to marry
Divorce was permissible and although a husband could divorce his wife for adultery, the wife could only
do so if her husband committed adultery in the family home
Female rights of inheritance were restricted
An unmarried women could not act as a guardian or witness a legal document
Legitimate children could not be disinherited and at least 75% of property had to be equally dispersed
between all legitimate offspring (male and female). This system, known as partage, had been introduced
by the revolution to replace the Ancien Regime practice of primogeniture, through which only the eldest
son inherited the father’s property (unless provision was made otherwise)
Four further codes were commissioned by N which similarly combined some of the changes brought about by
the revolution with traditional practices, in a mixture of egalitarianism and authoritarianism.
1806: a code on civil procedure standardised court practice in relation to the Civil Code
1807: a commercial code provided guidelines for trade and business including debt and bankruptcy
1808: a code on criminal procedure maintained the practice of trial by jury, although N was not
personally keen on this ‘English’ practice, and the jury d’accusation – the first of the double jury system
– disappeared in 1811. In special courts (for major cases), juries would be selected by prefects. This
code permitted arrest without trial, although with certain provisos
1810: a new penal code laid down guidelines for punishments. It included the death penalty for
murder, arson and forgery and the loss of the right hand, before execution, for a parricide. Other crimes
could incur hard labour and branding. However, it did establish maximum and minimum penalties,
rather than the fixed penalties of the Ancien Regime.
A rural code was drafter, but never implemented. With that exception, this was the most comprehensive
codification France had ever had and it imposed an order and uniformity that contrasted strongly with the
chaotic system of pre-revolutionary times. N always regarded it as one of his main legacies, even though it was
more a case of consolidation than innovation.
The administration of justice
The Napoleonic codes
N’s work in simplifying and clarifying France’s complex structure of laws was really the culmination of the
work of the revolutionaries, who had already made a number of changes to the legal system. Codification of law
not only helped to standardise law by creating a written and accessibly record, but also provided an
opportunity for defining the law after all the revolutionary upheavals. A committee of legal experts, under the
supervision of Cambacérès, the Second Consul, was established in 1800 to establish a French civil law code.
Two lawyers were chosen to represent northern France which had traditionally used customary law was the
bases for judgements. Two came from the south, where Roman law had been applied. A draft civil law code was
presented in 1800. N keenly participated in the sessions of the Council of State that revised the drafts, showing
a particular interest in the clauses relating to women’s rights. Some, in the Tribunate, spoke out against some
of the proposals, on the grounds that they were contrary to revolutionary principles, but they were ignored.
In March 1804, the Code Civil des Français (Civil Code) was finally issued. In September 1807 it was renamed
‘Code Napoleon’. It confirmed the key revolutionary changes:
The abolition of feudalism and removal of noble and Church privilege
The secularisation of the state
Equality before the law and freedom of conscience
It also:
Conformed the legal rights of the purchases of the biens nationaux
Continued to support employer over employee and forbade associations of workers
However, while much of the code was concerned with property law, the most controversial areas concerned
with the re-establishment of male rights; clauses which showed a strong influence of Roman law
The father/husband was conformed as head of the family
Children were subordinate to their father until marriage and could be imprisoned by him for
deficiencies in behaviour
Until sons were 25 and daughters 21, they had to have their father’s permission to marry
Divorce was permissible and although a husband could divorce his wife for adultery, the wife could only
do so if her husband committed adultery in the family home
Female rights of inheritance were restricted
An unmarried women could not act as a guardian or witness a legal document
Legitimate children could not be disinherited and at least 75% of property had to be equally dispersed
between all legitimate offspring (male and female). This system, known as partage, had been introduced
by the revolution to replace the Ancien Regime practice of primogeniture, through which only the eldest
son inherited the father’s property (unless provision was made otherwise)
Four further codes were commissioned by N which similarly combined some of the changes brought about by
the revolution with traditional practices, in a mixture of egalitarianism and authoritarianism.
1806: a code on civil procedure standardised court practice in relation to the Civil Code
1807: a commercial code provided guidelines for trade and business including debt and bankruptcy
1808: a code on criminal procedure maintained the practice of trial by jury, although N was not
personally keen on this ‘English’ practice, and the jury d’accusation – the first of the double jury system
– disappeared in 1811. In special courts (for major cases), juries would be selected by prefects. This
code permitted arrest without trial, although with certain provisos
1810: a new penal code laid down guidelines for punishments. It included the death penalty for
murder, arson and forgery and the loss of the right hand, before execution, for a parricide. Other crimes
could incur hard labour and branding. However, it did establish maximum and minimum penalties,
rather than the fixed penalties of the Ancien Regime.
A rural code was drafter, but never implemented. With that exception, this was the most comprehensive
codification France had ever had and it imposed an order and uniformity that contrasted strongly with the
chaotic system of pre-revolutionary times. N always regarded it as one of his main legacies, even though it was
more a case of consolidation than innovation.
The administration of justice
