THE ORDINANCE OF 1667: IDEOLOGY OF MODERN CODIFICATION AS A POLITICAL TOOL OF LOUIS XIV
Wroclaw Review of Law, Administration & Economics
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Title |
THE ORDINANCE OF 1667: IDEOLOGY OF MODERN CODIFICATION AS A POLITICAL TOOL OF LOUIS XIV
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Creator |
Klimaszewska, Anna
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Description |
The article shows the process of development of certain ideological frameworks serving the purpose of ‘masking the reality’ (Slavoj Žižek 2008), using the example of preparatory works leading up to the enactment of the 1667 Ordonnance sur la réformation de la justice civile, as well as the actual content of this ordinance, enacted on the order of the French king Louis XIV, and commonly called the ‘Ordinance on civil procedure’. This legal act in theory was passed with the purpose of regulating the civil procedure (and as such permanently classified in the social reception), in principle consolidated the standards of judicial proceeding shaped over previous centuries. The basic innovative load that it carried was the change of entitlements and position within the system of judges, especially of those most highly placed (besides the king) within the hierarchy of the system of justice, that is of judges of the parliaments. The catchy propaganda basically oscillated between steps taken up in social interest (elimination of the abuses of the justice system, abolishment of arbitrary decisions made by judges and reduction of the costs of proceedings), as well as around the lofty work of codification of the law, which is marked with an atmosphere of taking the law a notch higher, of modernization and modernity. The employment of clever social propaganda in this process constituted an element of a well-planned strategy which was to help curtail, without any social upheaval, the competences of parliaments, which were widely considered a bastion of opposition against the royal power. Without excessively reforming the procedure itself, he revolutionized the position of judges within the legal system.
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Publisher |
University of Wroclaw
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Contributor |
—
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Date |
2016-08-03
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Type |
info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion — |
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Format |
application/pdf
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Identifier |
http://wrlae.prawo.uni.wroc.pl/index.php/wrlae/article/view/98
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Source |
Wroclaw Review of Law, Administration & Economics; Vol 5, No 1 (2015): Issue 1; 128-140
2084-1264 |
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Language |
eng
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Relation |
http://wrlae.prawo.uni.wroc.pl/index.php/wrlae/article/view/98/136
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Rights |
Copyright (c) 2016 Wroclaw Review of Law, Administration & Economics
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