Legal + Administrative

• Following the 1799 Coup of Brumaire, a new constitution was adopted on the 24th of December 1799 - Constitution of Year VIII. (Basis of the consulate until 1804)
• Napoleon decides that there needs to be a 'First Consul' as a head of state, Napoleon had support from key government figures such as Barras.
• Strengths of the Year VIII constitution:

  • One fifth of members replaced annually, reduced corruption.
  • Provided strong top-down control.
  • Not accompanies by its own declaration of rights, less legal misunderstanding.
• Weaknesses of Year VIII Constitution:

  • All power vested in First Consul, appointment and dismissal of ministers, legislation and foreign policy.
  • Known consuls (such as Sieyes) stepped down, replacements found in 1799.
• FRANCE BY 1799...

  • Unsure political future
  • Coup brought apathy, Jacobin sentiment in Paris.
  • Coup of 1799 ended revolution.
• State of France Overall?

  • By 1799, Directory was unpopular and weak due to its economy and wars.
  • Sieyes attempt to mount a coup backfired, underestimated Napoleon.
  • Army backed coup created consulate, first consul could manipulate it freely.
• Napoleon wanted to simplify the structure of laws, codification (writing down laws) begins.
• March 1804, civil code is issues, renamed in 1807 to "Code Napoleon"
• What did the March 1804 Civil code declare?

  • Abolition of feudalism
  • Legal rights of biens nationaux purchasers
• The 1804 civil codes declared male rights such as...

  • Fathers as the family head
  • Unmarried women couldn't be guardians
  • 75% of property had to be given to legitimate offsprin
• 1808 - Criminal procedure code
• The criminal procedure code (1808) maintained trial by jury and permitted arrest without trial.
• 1810 - new penal code that provided guidelines for punishment.

  • New death penalty for murder etc.
• 1807 - commercial code on trade and business (including debt).
• By the Year VIII constitution, only local magistrates were elected by citizens
• Special courts established in 1801. Napoleon began to make direct appointments in 1802, abandoned lists with recommended figures.
• Napoleon inherited revolutionaries system of elected councils running local government

  • Was ineffective, no direct communication between local council and government
  • Councils had lacked the money needed to operate
• Prefects became established as agents of central authority in 1800, administrative system law. Prefects to be appointed by first consul.
• What were the responsibilities of prefects appointed by the 1800 law?

  • Conscription
  • Tax Collection
  • Agriculture and Industry
  • Commerce
  • Public welfare
  • Report behaviour and spread propaganda
  • Most were former nobility, chosen for talent.
• The prefects appointed by the 1800 law had to wear uniforms, displayed as a more formal body.
• Napoleon established a structured administrative system, offered internal stability but was difficult to operate with military setbacks.

  • Civil administration (prefects headed)
  • Courts
  • Gendarmerie
  • Administrative Police
  • Tax Bureau
• Napoleon gave high priority to the development of a police force, inherited the military police and the civilian police from the revolutionary government.
• THE GENDARMERIE:

  • Elite, professional force
  • Army Veterans, very strict
  • Everyday law enforcement
  • Enforced conscription
• When were the gendarmerie set up?

  1791
• Who did the gendarmerie replace?

  Royal police
• THE ADMINISTRATIVE POLICE:

  • General surveillance
  • Better communication, worked with gendarmerie
  • Headed by Fouche until 1810
  • Destroyed dangerous literature
• Napoleon's aim was to bring order to French government, the Napoleonic code established revision of laws.

  • Reorganisation gave agents to oversee law execution.
  • Brought back centralisation
  • New meaning of liberty
• By 1800, there were no more attempts to raise status and the structure of government remained similar.

  • Boosted Napoleon, supplied necessary strong and effective government.
  • Push for decisions for 'the people'.