The Courts, the Magistrature, and Promotions in Third Republic France, 1871-1914
1982; Oxford University Press; Volume: 87; Issue: 4 Linguagem: Inglês
10.2307/1857902
ISSN1937-5239
Autores Tópico(s)European Political History Analysis
ResumoODILON BARROT, liberal reformer under the July Monarchy and a leader of the banquet campaign that produced the Revolution of 1848, condemned the French judicial system in 1871: No, the magistrature, such as it is constituted, does not offer sufficient guarantees to the protection of law and rights in our country; the best men within it are lost in the immensities of thejudicial ranks and are paralyzed by a vicious organization and by a mode of procedure more vicious still.' The main target of this blunt statement was the method by which magistrates were promoted, a method that effectively immersed the judicial bureaucracy, and occasionally justice itself, in favoritism and politics. It was Barrot's hope-and that of many others, for the critics of the judicial system were not few-that the new Third Republic might end the abuses practiced by the various royal, imperial, and republican regimes of the first seven decades of the nineteenth century. But the next forty-four years, until the First World War, presented little evidence that this hope would be realized under the Third Republic. Indeed, by attempting to purge the magistrature of judges and prosecutors whose republican loyalty was suspect, the new regime exacerbated the abuses Barrot denounced. The court structure in France was highly complex and can be confusing to Americans unfamiliar with any judicial system outside the Anglo-Saxon tradition.2 Twenty-six cours d'appel served the eighty-seven departmeents of the nation and
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