The Conseil Constitutionnel and Judicial Review

1991 ◽  
Vol 12 (x) ◽  
pp. 61-82
Author(s):  
Richard Cicchillo
Keyword(s):  
Judicial Review ◽  
Ancien Regime ◽  
Similar System ◽  
Modern France ◽  
The Future ◽  
The Law ◽  
Ancien Régime ◽  
The Revolution

For Americans, long accustomed to judicial review of the law, the traditional absence of a similar system of constitutional control in France comes as a surprise. Closer examination however, reveals that the French politico-historico-judicial tradition inherited from the Ancien Régime and the Revolution of 1789 is deeply opposed to the development of "government by the judges." Why did the Revolution react against the judiciary? How has the idea of constitutional control evolved in modern France? What are the possible sources of legitimacy for an institution (the Conseil constitutionnel) and a concept (judicial review) cut off from the sanction of tradition? What is the future of the Conseil?

Debating Slavery

2020 ◽  
pp. 103-123
Author(s):  
Alan Forrest
Keyword(s):  
Ancien Regime ◽  
Port Cities ◽  
Chambers Of Commerce ◽  
Learned Societies ◽  
Ancien Régime ◽  
The Revolution

The chapter examines the moral threat to slaving in the last years of the Ancien Régime with the rise of abolitionism, first in Britain, then more gradually, in France. Moral qualms about slavery had first been expressed by Enlightened authors like Raynal and Condorcet; but the writings of some English abolitionists, notably Thomas Clarkson, proved equally powerful. However, in merchant circles, especially the chambers of commerce, slaves continued to be seen as a commodity, and the slaving interest was violently defended as the Revolution approached. The chapter examines pamphlets produced by both sides in the debate, and discusses the role of masonic lodges, clubs, and learned societies in the port cities themselves.

scholarly journals The Transformations of Travel during the Revolution and the Empire: the Italian Case

Viatica ◽  
2017 ◽  
Author(s):  
Gilles BERTRAND ◽  
Keyword(s):  
Strong Impact ◽  
Ancien Regime ◽  
Experimental Field ◽  
Italian Case ◽  
First Empire ◽  
Ancien Régime ◽  
The Way ◽  
The Revolution

This article studies the situation of French travellers in Italy during the Revolution and the First Empire. Revolutionary unrest and breaks with the Ancien Régime had a strong impact on the way Europeans travelled during this period. In addition to the nobles and the literate who continued to travel, other members of the population and new travel areas for exploration appeared. According to the Venetian archives dating from 1789 to 1796, Italy, a welcoming land for some, became an experimental field for strategies with political and scientific stakes.

scholarly journals La legge 180: il volto umano della psichiatria italiana

2008 ◽  
Vol 57 (6) ◽  
Author(s):  
Filippo Maria Ferro
Keyword(s):  
Mental Hospital ◽  
Sono State ◽  
Critical Examination ◽  
Hospital Workers ◽  
Jean Paul ◽  
The Future ◽  
The Law ◽  
The Revolution

Il contributo esamina il lungo e tormentato iter culturale che ha condotto alla promulgazione della legge 180/1978: dalla cesura in psichiatria tra il pensiero degli accademici e le azioni degli ospedalieri tra fine ’700 e primo ’800, passando attraverso il riferimento agli “alienisti” (così preferivano chiamarsi gli psichiatri in epoca positivista) romantici e spiritualisti sostenitori prima del “morotrofio”, luogo di cura e recupero attraverso trattamenti “morali” poi del “manicomio”, centro di esclusione e di mera custodia, sino alla rivoluzione operata da F. Basaglia, che si ispirava alla psichiatria inglese, sebbene gli intellettuali parigini e l’esistenzialismo di Jean Paul Sartre abbiamo rappresentato un riferimento essenziale. Il lavoro prosegue con una disamina critica della riforma realizzata rispondendo alle principali accuse che le sono state rivolte e termina con uno sguardo al panorama futuro della gestione della sofferenza psichica. ---------- The contribution examines the long and restless cultural iter that has led to the promulgation of the law 180/1978: from the caesura in psychiatry between the academicians’ thought and the hospital workers’ actions in the late 70’s early 80’s, going through the reference to the romantic and spiritualists “alienists” (psychiatrists preferred to be called in this way during the positivist age) supporting first places of care and rehabilitation by “moral” treatments and then the “mental hospital”, centre of exclusion and mere custody, to the revolution made by F. Basaglia, that was inspired by the English psychiatry, although the Parisian intellectuals and the Jean Paul Sartre’s existentialism have represented an essential reference. The works proceeds with a critical examination of the reform realized answering to the principal accusations that have been brought and it ends with a look at the future panorama of the psychic suffering management.

Torture and the Law of Proof: Europe and England in the Ancien Regime

1978 ◽  
Vol 83 (3) ◽  
pp. 709
Author(s):  
Charles Carlton ◽  
John H. Langbein
Keyword(s):  
Ancien Regime ◽  
The Law ◽  
Ancien Régime

Pitched between Scylla and Charybdis: Metz Jews’ Litigation Hurdles in the Metz Beit Din and Ancien Regime French Courts

2021 ◽  
Vol 24 (1) ◽  
pp. 1-45
Author(s):  
Shael Herman
Keyword(s):  
Eighteenth Century ◽  
Customary Law ◽  
Jewish Law ◽  
Ancien Regime ◽  
The Law ◽  
Enforcement Mechanisms ◽  
Ancien Régime

Abstract During the eighteenth century, French courts expanded their competence over Jewish disputes in order to consolidate the kingdom’s hegemony over Alsatian Jewry. In Metz, the expansion was sanctioned by a royal order for the composition of the Recueil des Loix, Coutumes, et Usages Observes par les Juifs de Metz (1742). A blend of Jewish law and French customary law tailored for ancien regime Alsatian courts, the Recueil enabled a Jewish claimant to sue in either the beit din or a French tribunal. These judicial alternatives posed strategic dilemmas. French rulings were frequently vehicles for persecuting Jewish claimants and debasing their law, while rabbinical enforcement mechanisms typically lacked the aggressive bite of their French judicial counterparts. This article examines how the law, and these options, worked in practice.

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