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'Des peines en général' in the French 'Code pénal' of 1791

Authors :
Paweł Wiązek
Source :
Prawo, Vol 336, Pp 39-53 (2024)
Publication Year :
2024
Publisher :
Wydawnictwo Uniwersytetu Wrocławskiego, 2024.

Abstract

The publication is a continuation of the author’s studies on the history of judicial law of revolutionary France, with the author seeking to shed light on the sometimes underestimated first French criminal codification, adopted by the National Assembly in 1791. The researcher’s interests focus on the regulations determining the system of penalties adopted in the codification. Although the author’s dominant research method is exegesis of the normative text in the formal-dogmatic convention, the instruments of comparative legal studies have been used as well. Confronting the provisions of the code with the doctrinal assumptions and demands of the Enlightenment, the author seeks to show the complexity of multifaceted issues and specificity of the realities of revolutionary legislators, which necessitated compromises that are controversial for some researchers. Regardless of the critical remarks that have often been made about the French legislators, it is impossible to underestimate the crucial importance of the Code for the development of a European legal culture, which the author has tried to demonstrate by emphasising the pioneering nature of the law from the point of view of the development of new legal institutions.

Details

Language :
German, English, French, Polish, Russian
ISSN :
05244544 and 29572355
Volume :
336
Database :
Directory of Open Access Journals
Journal :
Prawo
Publication Type :
Academic Journal
Accession number :
edsdoj.7fbfc51311e24723b1a984f7edc5e7f5
Document Type :
article
Full Text :
https://doi.org/10.19195/0524-4544.336.4