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Crime in post-Napoleonic France was seen as an act of high treason, which explains the harsh punishment. In Victor Hugo's 1862 novel Les Misérables, Jean Valjean receives a sentence of five years hard work in the galleys for the small crime of stealing a loaf of bread to feed his sister's children. This points out the injustice of the system.
The Kingdom of France in the Middle Ages (roughly, from the 10th century to the middle of the 15th century) was marked by the fragmentation of the Carolingian Empire and West Francia (843–987); the expansion of royal control by the House of Capet (987–1328), including their struggles with the virtually independent principalities (duchies and counties, such as the Norman and Angevin regions ...
Development of the French criminal justice system has important roots in ecclesiastical law of the Roman Catholic Church. While England was moving towards the adversarial system of criminal justice, in France was laying the basis for the inquisitorial system. This goes back to the medieval church's efforts to investigate and eliminate heresies.
Historians now tend to think that Roman law was more influential on the customs of southern France due to its medieval revival. [32] By the 13th century, there would be explicit recognition of using Roman law in the south of France, justified by the understanding of a longstanding tradition of using Roman law in the custom of southern France.
Feudalism, also known as the feudal system, was a combination of legal, economic, military, cultural, and political customs that flourished in medieval Europe from the 9th to 15th centuries. Broadly defined, it was a way of structuring society around relationships derived from the holding of land in exchange for service or labour.
Although discussion of the concepts surrounding the idea of fundamental laws which organize the body politic go back to the earliest period of the French monarchy, the expression "fundamental laws" (lois fondamentales) itself didn't come into use until the second half of the 16th century, even though the theories underlying it were fully mature by that point.
Medieval kings, princes, bishops, and civil authorities all had a role in prosecuting heresy. The practice reached its apex in the second half of the 13th century. During this period, the tribunals were almost entirely free from any authority, including that of the pope. Therefore, it was almost impossible to eradicate abuse. [13]
Old French law, referred to in French as Ancien Droit, was the law of the Kingdom of France until the French Revolution. In the north of France were the Pays de coutumes ('customary countries'), where customary laws were in force, while in the south were the Pays de droit écrit ('countries of written law'), where Roman law had been