NCJ Number
11146
Date Published
1972
Length
241 pages
Annotation
EXAMINATION OF THE INSTITUTIONAL AND CONCEPTUAL STRUCTURE OF THE LEGAL SYSTEM DEMONSTRATING THE PRINCIPLES OF FRENCH LAW AND LEGAL REASONING AND HOW THEY DIFFER FROM THOSE OF ANGLO-AMERICAN COMMON LAW.
Abstract
A REVIEW OF THE HISTORICAL DEVELOPMENT OF THE FRENCH LEGAL SYSTEM EXAMINES THE EFFECTS OF NAPOLEANIC CODIFICATION ON THE PRE-EXISTING SYSTEM. ALSO EXAMINED ARE CHANGES IN THE FRENCH GOVERNMENTAL STRUCTURE OF THE LAST SEVERAL DECADES AND THE GROWTH OF A BODY OF LEGAL RULES AND PROCEDURES THAT RESTRICT THE ACTIVITIES OF GOVERNMENT OFFICIALS. THE TRAINING AND SPHERES OF ACTIVITY PRESCRIBED FOR LAWYERS AND LEGAL PROFESSIONALS ARE REVIEWED AS WELL. ALSO TREATED ARE THE FRENCH CONCEPT AND ROLE OF LAW AS A SOCIAL FORCE, THE STRUCTURE AND CLASSIFICATION OF THE FRENCH LEGAL SYSTEM, AND THE SOURCES OF FRENCH LAW AND THE WAYS THEY ARE USED AND INTERACT WITH EACH OTHER IN THE DYNAMIC PROCESS OF LEGAL CHANGE. SPECIAL EMPHASIS IS GIVEN TO THE DIFFERENCES IN USE OF SOURCES AND METHODOLOGY AMONG THE VARIOUS BRANCHES OF FRENCH LAW ITSELF. LIKE THE ENGLISH COMMON LAW, FRENCH LAW IS THE MODEL UPON WHICH OTHER COUNTRIES HAVE BUILT THEIR LEGAL SYSTEMS. THE APPENDIX DESCRIBES THE SYSTEM OF TEACHING LAW IN FRANCE.