Modern Law Part II: Revolution PDF

MODERN LAW PART II: REVOLUTION Global Legal History, Module 8 Part 2 Ville Kari TODAY: I. The American revolution II. The French revolution I. THE AMERICAN REVOLUTION THE AMERICAN REVOLUTION In the 1770s the Thirteen Colonies were possibly the most “free” place...

MODERN LAW PART II: REVOLUTION Global Legal History, Module 8 Part 2 Ville Kari TODAY: I. The American revolution II. The French revolution I. THE AMERICAN REVOLUTION THE AMERICAN REVOLUTION In the 1770s the Thirteen Colonies were possibly the most “free” places in the world – Wealth, employment, organization etc Causes leading to the revolt: – Navigation Acts and New England dominion by Britain British colonial trade monopoly Limits to free trade – Somerset’s case (1772)? – New taxes without Parliamentary representation Ø Sugar Act, Townshend Acts (1767-8), Stamp Act, Tea Act (1773) è Coercive Acts (1774): Boston Port Act, Massachusetts Government Act, Administration of Justice Act, Quartering Act... FOUNDATIONAL DOCUMENTS Declaration of independence (1776) Colonial constitutions Articles of Confederation (1777) The Constitution of the United States (1787) – Founding of the federal state The U.S. ‘Bill of Rights’ (1791) – The first 10 amendments to the Constitution DECLARATION OF INDEPENDENCE “We hold these truths to be self-evident…” Men created equal with rights, including life, liberty and the pursuit of happiness If government threatens these, the people have a right to abolish it [List of complaints] Ø The king is found a tyrant Ø Declaration of independence THE WRITTEN CONSTITUTION Initially, the 13 Colonies declared themselves independent States – But the intent to form a Union was clear (Confederation in 1777) Federal Constitution (1787) & Bill of Rights (Amendments I-X, 1791) I. Written Constitution: break from English “ancient constitution” II. Separation of powers: Executive, Legislative, Judiciary Human reason over tradition, but limited by institutions Democracy: bicameral legislature, elected President III. Natural law / “self-evident” truths: Constitution bears its own legitimacy IV. The Law of Laws: Formal supremacy of the Constitution above other statutes Ø The Constitution limits even the powers of the legislative branch itself II. THE FRENCH REVOLUTION A TIMELINE OF CHAOS Famine leads into economic depression unrests – King Louis XVI is forced to call the Estates-General, first time since 17th century 1789: – May: Estates-General convenes Ø The Third Estate compels others to meet as equals è National Assembly – 14 July: Storming of the Bastille – August: Noble titles abolished; Declaration of the Rights of Man and Citizen 1791: Louis XVI and Marie Antoinette captured 1792: Declaration of the French Republic, September Massacres 1793: Execution of Louis XVI, Committee of Public Safety, Revolutionary Tribunal Ø The ‘reign of terror’ A TIMELINE OF CHAOS A REVOLUTION IN LAW The legacy of the French revolution: Law as man-made, by the People, for the People Ø Attempted eradication of traditionalism, naturalism Ø Paradoxically: ‘liberté’ and ‘civilisation’ were understood as universal Centrality of written legislation as the omnipotent source of law – Rejection of custom, doctrine, morality, jurisprudence – Restraint of the powers of the judiciary (minimal interpretation) – Triumph of imperium over auctoritas è The Exegetic School è Legal positivism IDEALS AND PRINCIPLES Popular sovereignty Liberalism: anything not prohibited by law is permitted Principle of legality: no prohibition without written law Equality before the law: Abolition of privileges, one universal class of ‘citoyen’ o “active” citizens (25+ male, taxpayer) vs “passive” citizens (all others) Protection and unity of property Uniformity of the law: One law across the nation Duties of all citizens (taxes, levée en masse, conscription) WAS IT ALL NEW? Before the Revolution, the local Parlements had begun to debate the legality of royal decrees and laws – Parlements as guardians of the law, “Rights of the Nation” – Esp. Parlement of Paris Ø Kings vs Parlements On the eve of the Revolution, the King and Parlements were contesting legality of Royal tax decrees – Parlement of Paris: Declaration of Fundamental Laws (1788) Reference to a customary ancient constitution E.g. no taxation without consent of Estates-General CONTINUITY OR ERADICATION? At least since Richelieu and Colbert, the French monarchy had been gradually unifying and consolidating French law – Codification and unification of law in the provinces – Great Ordinances and common laws (e.g. commerce, navigation etc) – Jean Domat, Loix civiles dans leur ordre naturel (1694) By 1789, France was already relying on an administrative central authority; the primacy of written law was already a fact What the Revolution achieved: – The declared end of “feudal” classes in law (nobility and privileges) – The reconfiguration of state sovereignty in “the People” Up next: The modern codifications.