This book is the first of two volumes centered around the two great courts of Paris, the Châ telet 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…mehr
This book is the first of two volumes centered around the two great courts of Paris, the Châ telet 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.
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.
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.
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