The Judicial System of France.
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THE JUDICIAL By Lawrence SYSTEM Irwell. OF FRANCE.
FRANCE is a country in which the num ber of judges is large, but it is not a country in which justice is dispensed in an ideal manner. The numerous and varied jurisdictions existing there are not all of an cient origin, for some of them are not yet a hundred years old. When the men who were responsible for the Great Revolution succeed ed in getting into power, they attempted to rebuild on novel principles the judicial edifice which they had upset, and they quickly put order in place of the chaos that existed at the time. Impromptu courts were no longer held in the streets, but even after the repeal of the hi des suspects there were still some special tribunals in existence. It was necessary to rearrange the scattered elements of the old judicial system and the new, to reconstitute the legal organizations, invest them with au thority, define their powers, and surround them with the prestige that attaches to a brilliant staff of judges. This could not be done in a month, and before the work was completed more than one of the principles laid down by the Revolution had disappeared. Some of them are still being sought for, and this laborious and barren search revives from time to time some well-known liberty-killing ideas. The present judicial system of France dates back to 1790. In that year a law was passed establishing a civil court in each district, and judges for every court were elected. The law provided a justice for each canton (sub-divi sion of a district), and abolished the supreme courts which had previously possessed appel late powers. The right to hear appeals was entrusted to the district courts, and they ex ercised it one towards another. The admin istration of justice in criminal cases was, a
little later, given a special form in the crimi nal courts of the de"partements. Lastly, above all other jurisdictions, civil and commercial, there was placed a Supreme Court, the Court of Cassation. This somewhat complicated system did not last very long. It was re placed by another which proved but little more lasting. In February, 1800, however, a law was passed which laid down the permanent lines of the judicial institutions, and fixed the limits of the various jurisdictions. The courts of thejustices de paix, the commercial courts, the criminal courts, and the Court of Cassa tion were all maintained. A civil court of first instance was allotted to each district, and there were created some thirty higher courts, which have successively been called "Imperial Courts," " Royal Courts," and "Courts of Appeal." In addition to these various tribunals, several others have been brought into existence. I propose to give a short summary of the whole institution and the limits of the various jurisdictions. The civil judicature comprises, beginning at the top, — (r) the Court of Cassation; (2) the Courts of Appeal; (3) the Assize or Criminal Courts; (4) the Tribunals of First Instance; (5) The Commercial Courts; (6) the Maritime Courts, appeals from which are heard by the Court of Appeal; (7) the Peace Courts; (8) the Councils of Experts, institu ted under the Second Empire to adjust dis putes between employers and employees. This is not all, for we must add what is called the " administrative " judicature, which is composed of Conseils de Prefecture, as courts of first instance, and the Couseil d'Etat as supreme and appeal court. These deal with the differences that arise between private in dividuals and the State with regard to State
