1.
French language
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French is a Romance language of the Indo-European family. It descended from the Vulgar Latin of the Roman Empire, as did all Romance languages, French has evolved from Gallo-Romance, the spoken Latin in Gaul, and more specifically in Northern Gaul. Its closest relatives are the other langues doïl—languages historically spoken in northern France and in southern Belgium, French was also influenced by native Celtic languages of Northern Roman Gaul like Gallia Belgica and by the Frankish language of the post-Roman Frankish invaders. Today, owing to Frances past overseas expansion, there are numerous French-based creole languages, a French-speaking person or nation may be referred to as Francophone in both English and French. French is a language in 29 countries, most of which are members of la francophonie. As of 2015, 40% of the population is in Europe, 35% in sub-Saharan Africa, 15% in North Africa and the Middle East, 8% in the Americas. French is the fourth-most widely spoken mother tongue in the European Union, 1/5 of Europeans who do not have French as a mother tongue speak French as a second language. As a result of French and Belgian colonialism from the 17th and 18th century onward, French was introduced to new territories in the Americas, Africa, most second-language speakers reside in Francophone Africa, in particular Gabon, Algeria, Mauritius, Senegal and Ivory Coast. In 2015, French was estimated to have 77 to 110 million native speakers, approximately 274 million people are able to speak the language. The Organisation internationale de la Francophonie estimates 700 million by 2050, in 2011, Bloomberg Businessweek ranked French the third most useful language for business, after English and Standard Mandarin Chinese. Under the Constitution of France, French has been the language of the Republic since 1992. France mandates the use of French in official government publications, public education except in specific cases, French is one of the four official languages of Switzerland and is spoken in the western part of Switzerland called Romandie, of which Geneva is the largest city. French is the language of about 23% of the Swiss population. French is also a language of Luxembourg, Monaco, and Aosta Valley, while French dialects remain spoken by minorities on the Channel Islands. A plurality of the worlds French-speaking population lives in Africa and this number does not include the people living in non-Francophone African countries who have learned French as a foreign language. Due to the rise of French in Africa, the total French-speaking population worldwide is expected to reach 700 million people in 2050, French is the fastest growing language on the continent. French is mostly a language in Africa, but it has become a first language in some urban areas, such as the region of Abidjan, Ivory Coast and in Libreville. There is not a single African French, but multiple forms that diverged through contact with various indigenous African languages, sub-Saharan Africa is the region where the French language is most likely to expand, because of the expansion of education and rapid population growth
2.
France
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France, officially the French Republic, is a country with territory in western Europe and several overseas regions and territories. The European, or metropolitan, area of France extends from the Mediterranean Sea to the English Channel and the North Sea, Overseas France include French Guiana on the South American continent and several island territories in the Atlantic, Pacific and Indian oceans. France spans 643,801 square kilometres and had a population of almost 67 million people as of January 2017. It is a unitary republic with the capital in Paris. Other major urban centres include Marseille, Lyon, Lille, Nice, Toulouse, during the Iron Age, what is now metropolitan France was inhabited by the Gauls, a Celtic people. The area was annexed in 51 BC by Rome, which held Gaul until 486, France emerged as a major European power in the Late Middle Ages, with its victory in the Hundred Years War strengthening state-building and political centralisation. During the Renaissance, French culture flourished and a colonial empire was established. The 16th century was dominated by civil wars between Catholics and Protestants. France became Europes dominant cultural, political, and military power under Louis XIV, in the 19th century Napoleon took power and established the First French Empire, whose subsequent Napoleonic Wars shaped the course of continental Europe. Following the collapse of the Empire, France endured a succession of governments culminating with the establishment of the French Third Republic in 1870. Following liberation in 1944, a Fourth Republic was established and later dissolved in the course of the Algerian War, the Fifth Republic, led by Charles de Gaulle, was formed in 1958 and remains to this day. Algeria and nearly all the colonies became independent in the 1960s with minimal controversy and typically retained close economic. France has long been a centre of art, science. It hosts Europes fourth-largest number of cultural UNESCO World Heritage Sites and receives around 83 million foreign tourists annually, France is a developed country with the worlds sixth-largest economy by nominal GDP and ninth-largest by purchasing power parity. In terms of household wealth, it ranks fourth in the world. France performs well in international rankings of education, health care, life expectancy, France remains a great power in the world, being one of the five permanent members of the United Nations Security Council with the power to veto and an official nuclear-weapon state. It is a member state of the European Union and the Eurozone. It is also a member of the Group of 7, North Atlantic Treaty Organization, Organisation for Economic Co-operation and Development, the World Trade Organization, originally applied to the whole Frankish Empire, the name France comes from the Latin Francia, or country of the Franks
3.
Civil code
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A civil code is a systematic collection of laws designed to comprehensively deal with the core areas of private law such as for dealing with business and negligence lawsuits and practices. A jurisdiction that has a civil code generally also has a code of civil procedure, in some jurisdictions with a civil code, a number of the core areas of private law that would otherwise typically be codified in a civil code may instead be codified in a commercial code. The concept of codification dates back to ancient Babylon, the earliest surviving civil code is the Code of Ur-Nammu, in. The first attempts at modern codification were made in the half of the 18th century in Germany. The first statute that used this denomination was the Codex Maximilianeus bavaricus civilis of 1756 in Bavaria and it was followed in 1792 by a legal compilation that included civil, penal, and constitutional law, the Allgemeines Landrecht für die Preussischen Staaten promulgated by King Frederick II the Great. In Austria, the first step towards fully-fledged codification were the yet incomplete Codex Theresianus, the Josephinian Code, the final Austrian Civil Code was only completed in 1811 after the dissolution of the Holy Roman Empire of German Nation under the influence of the Napoleonic Wars. One of the very first countries to follow up through legal transplants in codification was Serbia. Meanwhile, the French Napoleonic code was enacted in 1804 after only a few years of preparation, but it was a child of the French Revolution, the French code was the most influential one because it was introduced in many countries standing under French occupation during the Napoleonic Wars. Those two codes had been most advanced in their structure and classification from fundamental and general principles to specific areas of law. While the French Civil Code was structured in a casuistic approach attempting to regulate every possible case, the German BGB, therefore, the BGB had a great deal of influence on later codification projects in countries as diverse as Japan, Greece, Turkey, Portugal and Macau. Since 2002 with the First law of the Civil Code of Catalonia and this has replaced most of the Compilation of the Civil Law of Catalonia, several special laws and two partial codes. Only the Sixth book, relating to obligations and contracts, has to be approved, in Europe, apart from the common law countries of the United Kingdom and Ireland, only Scandinavia remained untouched by the codification movement. The particular tradition of the civil code enacted in a country is often thought to have a lasting influence on the methodology employed in legal interpretation. For example, the California Civil Code largely codifies common law doctrine and is different in form. In 1825, Haiti promulgated a Code Civil, that was simply a copy of the Napoleonic one, while Louisiana abolished its Digeste, the Mexican state of Oaxaca promulgated the first Latin American civil code in 1827, copying the French civil code. Later on, in 1830, the code of Bolivia. The latest, with changes, was adopted by Costa Rica in 1841. The Dominican Republic, in 1845, put into force the original Napoleonic code, chile promulgated its civil code in 1855, an original work in confront with the French code both for the scheme and for the contents that was written by Andrés Bello
4.
Napoleon
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Napoleon Bonaparte was a French military and political leader who rose to prominence during the French Revolution and led several successful campaigns during the French Revolutionary Wars. As Napoleon I, he was Emperor of the French from 1804 until 1814, Napoleon dominated European and global affairs for more than a decade while leading France against a series of coalitions in the Napoleonic Wars. He won most of these wars and the vast majority of his battles, one of the greatest commanders in history, his wars and campaigns are studied at military schools worldwide. Napoleons political and cultural legacy has ensured his status as one of the most celebrated and he was born Napoleone di Buonaparte in Corsica to a relatively modest family from the minor nobility. When the Revolution broke out in 1789, Napoleon was serving as an officer in the French army. Seizing the new opportunities presented by the Revolution, he rose through the ranks of the military. The Directory eventually gave him command of the Army of Italy after he suppressed a revolt against the government from royalist insurgents, in 1798, he led a military expedition to Egypt that served as a springboard to political power. He engineered a coup in November 1799 and became First Consul of the Republic and his ambition and public approval inspired him to go further, and in 1804 he became the first Emperor of the French. Intractable differences with the British meant that the French were facing a Third Coalition by 1805, in 1806, the Fourth Coalition took up arms against him because Prussia became worried about growing French influence on the continent. Napoleon quickly defeated Prussia at the battles of Jena and Auerstedt, then marched the Grand Army deep into Eastern Europe, France then forced the defeated nations of the Fourth Coalition to sign the Treaties of Tilsit in July 1807, bringing an uneasy peace to the continent. Tilsit signified the high watermark of the French Empire, hoping to extend the Continental System and choke off British trade with the European mainland, Napoleon invaded Iberia and declared his brother Joseph the King of Spain in 1808. The Spanish and the Portuguese revolted with British support, the Peninsular War lasted six years, featured extensive guerrilla warfare, and ended in victory for the Allies. The Continental System caused recurring diplomatic conflicts between France and its client states, especially Russia, unwilling to bear the economic consequences of reduced trade, the Russians routinely violated the Continental System and enticed Napoleon into another war. The French launched an invasion of Russia in the summer of 1812. The resulting campaign witnessed the collapse of the Grand Army, the destruction of Russian cities, in 1813, Prussia and Austria joined Russian forces in a Sixth Coalition against France. A lengthy military campaign culminated in a large Allied army defeating Napoleon at the Battle of Leipzig in October 1813, the Allies then invaded France and captured Paris in the spring of 1814, forcing Napoleon to abdicate in April. He was exiled to the island of Elba near Rome and the Bourbons were restored to power, however, Napoleon escaped from Elba in February 1815 and took control of France once again. The Allies responded by forming a Seventh Coalition, which defeated Napoleon at the Battle of Waterloo in June, the British exiled him to the remote island of Saint Helena in the South Atlantic, where he died six years later at the age of 51
5.
Feudalism
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Feudalism was a combination of legal and military customs in medieval Europe that flourished between the 9th and 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, since the publication of Elizabeth A. R. There is no commonly accepted definition of feudalism, at least among scholars. Since the publication of Elizabeth A. R, outside a European context, the concept of feudalism is often used only by analogy, most often in discussions of feudal Japan under the shoguns, and sometimes medieval and Gondarine Ethiopia. The term feudalism has also been applied—often inappropriately or pejoratively—to non-Western societies where institutions, the term féodal was used in 17th-century French legal treatises and translated into English legal treatises as an adjective, such as feodal government. In the 18th century, Adam Smith, seeking to describe systems, effectively coined the forms feudal government. In the 19th century the adjective feudal evolved into a noun, the term feudalism is recent, first appearing in French in 1823, Italian in 1827, English in 1839, and in German in the second half of the 19th century. The term feudal or feodal is derived from the medieval Latin word feodum, the etymology of feodum is complex with multiple theories, some suggesting a Germanic origin and others suggesting an Arabic origin. Initially in medieval Latin European documents, a grant in exchange for service was called a beneficium. Later, the term feudum, or feodum, began to replace beneficium in the documents, the first attested instance of this is from 984, although more primitive forms were seen up to one-hundred years earlier. The origin of the feudum and why it replaced beneficium has not been well established, the most widely held theory is put forth by Marc Bloch. Bloch said it is related to the Frankish term *fehu-ôd, in which means cattle and -ôd means goods. This was known as feos, a term that took on the meaning of paying for something in lieu of money. This meaning was then applied to itself, in which land was used to pay for fealty. Thus the old word feos meaning movable property changed little by little to feus meaning the exact opposite and this Germanic origin theory was also shared by William Stubbs in the 19th century. Another theory was put forward by Archibald R. Lewis, Lewis said the origin of fief is not feudum, but rather foderum, the earliest attested use being in Astronomuss Vita Hludovici. In that text is a passage about Louis the Pious that says annona militaris quas vulgo foderum vocant, another theory by Alauddin Samarrai suggests an Arabic origin, from fuyū. Samarrais theory is that early forms of fief include feo, feu, feuz, feuum and others, indeed, the first use of these terms is in Languedoc, one of the least Germanic areas of Europe and bordering Muslim Spain
6.
Civil law (legal system)
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Conceptually, civil law proceeds from abstractions, formulates general principles, and distinguishes substantive rules from procedural rules. It holds case law to be secondary and subordinate to statutory law, when discussing civil law, one should keep in mind the conceptual difference between a statute and a codal article. The marked feature of civilian systems is that they use codes with brief text that tend to avoid factually specific scenarios, Code articles deal in generalities and thus stand at odds with statutory schemes which are often very long and very detailed. The purpose of codification is to all citizens with manners and written collection of the laws which apply to them. Law codes are simply laws enacted by a legislature, even if they are in much longer than other laws. Other major legal systems in the world include common law, Halakha, canon law, the Scandinavian systems are of a hybrid character since their background law is a mix of civil law and Scandinavian customary law and have been partially codified. Likewise, the laws of the Channel Islands are hybrids which mix Norman customary law, a prominent example of a civil-law code would be the Napoleonic Code, named after French emperor Napoleon. The Code comprises three components, the law of persons, property law, and commercial law, rather than a compendium of statutes or catalog of caselaw, the Code sets out general principles as rules of law. Unlike common law systems, civil law jurisdictions deal with case law apart from any precedent value, Civil law courts generally decide cases using codal provisions on a case-by-case basis, without reference to other judicial decisions. In actual practice, a degree of precedent is creeping into civil law jurisprudence. A line of similar case decisions, while not precedent per se, while civil law jurisdictions place little reliance on court decisions, they tend to generate a phenomenal number of reported legal opinions. However, this tends to be uncontrolled, since there is no requirement that any case be reported or published in a law report, except for the councils of state. Except for the highest courts, all publication of legal opinions are unofficial or commercial, Civil law is sometimes referred to as neo-Roman law, Romano-Germanic law or Continental law. The civil law takes as its major inspiration classical Roman law, and in particular Justinian law, the Justinian Codes doctrines provided a sophisticated model for contracts, rules of procedure, family law, wills, and a strong monarchical constitutional system. Roman law was received differently in different countries, in some it went into force wholesale by legislative act, i. e. it became positive law, whereas in others it was diffused into society by increasingly influential legal experts and scholars. Roman law continued without interruption in the Byzantine Empire until its fall in the 15th century. However, subject as it was to multiple incursions and occupations by Western European powers in the medieval period. It was first received into the Holy Roman Empire partly because it was considered imperial law and it became the basis of Scots law, though partly rivaled by received feudal Norman law
7.
Legal system
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The contemporary legal systems of the world are generally based on one of four basic systems, civil law, common law, statutory law, religious law or combinations of these. However, the system of each country is shaped by its unique history. Common law and equity are systems of law whose sources are the decisions in cases by judges, alongside, every system will have a legislature that passes new laws and statutes. The relationships between statutes and judicial decisions can be complex, in some jurisdictions, such statutes may overrule judicial decisions or codify the topic covered by several contradictory or ambiguous decisions. Statutes were allowed to be made by the government, common law was later inherited by the Commonwealth of Nations, and almost every former colony of the British Empire has adopted it. The doctrine of stare decisis, also known as law or precedent by courts, is the major difference to codified civil law systems. In addition to countries, several others have adapted the common law system into a mixed system. For example, Nigeria operates largely on a common law system, in the European Union, the Court of Justice takes an approach mixing civil law with an attachment to the importance of case law. One of the most fundamental documents to shape common law is the English Magna Carta and it served as a kind of medieval bill of rights for the aristocracy and the judiciary who developed the law. The central source of law that is recognized as authoritative is codifications in a constitution or statute passed by legislature and this was an extensive reform of the law in the Byzantine Empire, bringing it together into codified documents. Civil law was partly influenced by religious laws such as Canon law. Civil law today, in theory, is interpreted rather than developed or made by judges, only legislative enactments are considered legally binding. As historically integrated in the Scandinavian cultural sphere, Finland and Iceland also inherited the system, chinese law, a mixture of civil law and socialist law in use in the Peoples Republic of China. The Italian approach has been imitated by other countries including the Netherlands, Argentina, Brazil, most of them have innovations introduced by the Italian legislation, including the unification of the civil and commercial codes. Germanistic to Napoleonic influence The Swiss civil code is considered mainly influenced by the German civil code, the main kinds of religious law are Sharia in Islam, Halakha in Judaism, and canon law in some Christian groups. In some cases these are intended purely as individual moral guidance, whereas in other cases they are intended, the latter was particularly common during the Middle Ages. The Halakha is followed by orthodox and conservative Jews in both ecclesiastical and civil relations. No country is governed by Halakha, but two Jewish people may decide, because of personal belief, to have a dispute heard by a Jewish court
8.
Bavaria
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Bavaria is a free state and one of 16 federal states of Germany. Located in the German southeast with an area of 70,548 square kilometres and its territory comprises roughly a fifth of the total land area of Germany, and, with 12.9 million inhabitants, it is Germanys second most populous state. Munich, Bavarias capital and largest city, is the third largest city in Germany, the Duchy of Bavaria dates back to the year 555. In the 17th century CE, the Duke of Bavaria became a Prince-elector of the Holy Roman Empire, the Kingdom of Bavaria existed from 1806 to 1918, when Bavaria became a republic. In 1946, the Free State of Bavaria re-organised itself on democratic lines after the Second World War, Bavaria has a unique culture, largely because of the states Catholic majority and conservative traditions. Bavarians have traditionally been proud of their culture, which includes such as Oktoberfest. The state also has the second largest economy among the German states by GDP figures, modern Bavaria also includes parts of the historical regions of Franconia, Upper Palatinate and Swabia. The Bavarians emerged in a north of the Alps, previously inhabited by Celts. The Bavarians spoke Old High German but, unlike other Germanic groups, rather, they seem to have coalesced out of other groups left behind by Roman withdrawal late in the 5th century. These peoples may have included the Celtic Boii, some remaining Romans, Marcomanni, Allemanni, Quadi, Thuringians, Goths, Scirians, Rugians, the name Bavarian means Men of Baia which may indicate Bohemia, the homeland of the Celtic Boii and later of the Marcomanni. They first appear in written sources circa 520, a 17th century Jewish chronicler David Solomon Ganz, citing Cyriacus Spangenberg, claimed that the diocese was named after an ancient Bohemian king, Boiia, in the 14th century BCE. From about 554 to 788, the house of Agilolfing ruled the Duchy of Bavaria and their daughter, Theodelinde, became Queen of the Lombards in northern Italy and Garibald was forced to flee to her when he fell out with his Frankish overlords. Garibalds successor, Tassilo I, tried unsuccessfully to hold the frontier against the expansion of Slavs. Tassilos son Garibald II seems to have achieved a balance of power between 610 and 616, after Garibald II little is known of the Bavarians until Duke Theodo I, whose reign may have begun as early as 680. From 696 onwards he invited churchmen from the west to organize churches and his son, Theudebert, led a decisive Bavarian campaign to intervene in a succession dispute in the Lombard Kingdom in 714, and married his sister Guntrud to the Lombard King Liutprand. At Theodos death the duchy was divided among his sons, at Hugberts death the duchy passed to a distant relative named Odilo, from neighbouring Alemannia. He was defeated near Augsburg in 743 but continued to rule until his death in 748, saint Boniface completed the peoples conversion to Christianity in the early 8th century. Bavaria was in ways affected by the Protestant Reformation in the 16th century
9.
General State Laws for the Prussian States
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The code had over 17,000 articles, and covered fields of civil law, penal law, family law, public law, administrative law etc. Frederick I of Prussia wanted to create a set of laws. Fredericks idea was not only to create a set of laws. A previous attempt, Project eines Corporis Juris Fridericiani, by Samuel von Cocceji, the first version was called the General Code for the Prussian states. The general state laws for the Prussian states were finally codified in 1794 by mainly Svarez and Klein, after the second partition of Poland, it was promulgated on the annexed territories as subsidiary law, intended to accelerate the process of their integration with Prussia. The Landrecht was a example of a law of the transition period between feudalism and capitalism, where old institutions of feudal law existed alongside modern ones. The Landrecht stopped functioning after the system was reformed and the remnants were removed. German full text, Allgemeines Landrecht für die Preußischen Staaten, Einleitung, Erster Theil, Zweyter Theil, on, OpinioIuris, Die freie juristische Bibliothek, german PDF text versions, retrieved on 3 March 2013
10.
Prussia
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Prussia was a historic state originating out of the Duchy of Prussia and the Margraviate of Brandenburg, and centred on the region of Prussia. For centuries, the House of Hohenzollern ruled Prussia, successfully expanding its size by way of an unusually well-organised, Prussia, with its capital in Königsberg and from 1701 in Berlin, shaped the history of Germany. In 1871, German states united to create the German Empire under Prussian leadership, in November 1918, the monarchies were abolished and the nobility lost its political power during the German Revolution of 1918–19. The Kingdom of Prussia was thus abolished in favour of a republic—the Free State of Prussia, from 1933, Prussia lost its independence as a result of the Prussian coup, when the Nazi regime was successfully establishing its Gleichschaltung laws in pursuit of a unitary state. Prussia existed de jure until its liquidation by the Allied Control Council Enactment No.46 of 25 February 1947. The name Prussia derives from the Old Prussians, in the 13th century, the Teutonic Knights—an organized Catholic medieval military order of German crusaders—conquered the lands inhabited by them. In 1308, the Teutonic Knights conquered the region of Pomerelia with Gdańsk and their monastic state was mostly Germanised through immigration from central and western Germany and in the south, it was Polonised by settlers from Masovia. The Second Peace of Thorn split Prussia into the western Royal Prussia, a province of Poland, and the part, from 1525 called the Duchy of Prussia. The union of Brandenburg and the Duchy of Prussia in 1618 led to the proclamation of the Kingdom of Prussia in 1701, Prussia entered the ranks of the great powers shortly after becoming a kingdom, and exercised most influence in the 18th and 19th centuries. During the 18th century it had a say in many international affairs under the reign of Frederick the Great. During the 19th century, Chancellor Otto von Bismarck united the German principalities into a Lesser Germany which excluded the Austrian Empire. At the Congress of Vienna, which redrew the map of Europe following Napoleons defeat, Prussia acquired a section of north western Germany. The country then grew rapidly in influence economically and politically, and became the core of the North German Confederation in 1867, and then of the German Empire in 1871. The Kingdom of Prussia was now so large and so dominant in the new Germany that Junkers and other Prussian élites identified more and more as Germans and less as Prussians. In the Weimar Republic, the state of Prussia lost nearly all of its legal and political importance following the 1932 coup led by Franz von Papen. East Prussia lost all of its German population after 1945, as Poland, the main coat of arms of Prussia, as well as the flag of Prussia, depicted a black eagle on a white background. The black and white colours were already used by the Teutonic Knights. The Teutonic Order wore a white coat embroidered with a cross with gold insert
11.
Kingdom of Galicia and Lodomeria
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From 1804 to 1918 it was a crownland of the Austrian Empire. After the reforms of 1867, it became an ethnic Pole-administered autonomous unit under the Austrian crown, the country was carved from the entire south-western part of the Polish–Lithuanian Commonwealth. Among the many titles of the princes of Hungary was ruler of Galicia and Lodomeria. The name Galicia is the Latinized form of Halych, a principality of the medieval Ruthenia, Lodomeria, is also a Latinized form of Volodymyr-Volynsky that was founded in the 10th century by the Vladimir the Great and until the partitions of Poland was known simply as Volodymyr. King of Galicia and Lodomeria was a title that King of Hungary adopted during his conquest of the region back in the 12th century. This historical region in Eastern Europe is divided today between Poland and Ukraine, the nucleus of historic Galicia consists of the modern Lviv, Ternopil, and Ivano-Frankivsk regions of western Ukraine. In 1772, Galicia was the largest part of the area annexed by the Habsburg Monarchy in the First Partition of Poland. As such, the Austrian region of Poland and what was later to become Ukraine was known as the Kingdom of Galicia and Lodomeria to underline the Hungarian claims to the country. However, after the Third Partition of Poland, a portion of the ethnically Polish lands to the west was also added to the province. During the first decades of Austrian rule, Galicia was firmly governed from Vienna, the aristocracy was guaranteed its rights, but these rights were considerably circumscribed. The former serfs were no longer mere chattel, but became subjects of law and were granted personal freedoms. Their labour obligations were defined and limited, and they could bypass the lords, at the same time, however, the Austrian Empire extracted from Galicia considerable wealth and conscripted large numbers of the peasant population into its armed services. The 1820s and 1830s were a period of bureaucratic rule overseen from Vienna, most administrative positions were filled by German-speakers, including German-speaking Czechs, although some of their children were already becoming Polonized. After the failure of the November insurrection in Russian Poland in 1830–31, in which a few thousand Galician volunteers participated, the insurrection occurred in the western, Polish-populated part of Galicia. In the same period, a sense of national awakening began to develop among the Ruthenians in the part of Galicia. In 1837, the so-called Ruthenian Triad led by Markiian Shashkevych, published The Nymph of the Dniester, alarmed by such democratism, the Austrian authorities and the Greek Catholic Metropolitan banned the book. In 1848, revolutionary actions broke out in Vienna and other parts of the Austrian Empire, in Lemberg, a Polish National Council, and then later, a Ukrainian, or Ruthenian Supreme Council were formed. Even before Vienna had acted, the remnants of serfdom were abolished by the Governor, Franz Stadion, eventually, Lemberg was bombarded by imperial troops and the revolution put down completely
12.
Austria
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Austria, officially the Republic of Austria, is a federal republic and a landlocked country of over 8.7 million people in Central Europe. It is bordered by the Czech Republic and Germany to the north, Hungary and Slovakia to the east, Slovenia and Italy to the south, the territory of Austria covers 83,879 km2. The terrain is mountainous, lying within the Alps, only 32% of the country is below 500 m. The majority of the population speaks local Bavarian dialects of German as their native language, other local official languages are Hungarian, Burgenland Croatian, and Slovene. The origins of modern-day Austria date back to the time of the Habsburg dynasty, from the time of the Reformation, many northern German princes, resenting the authority of the Emperor, used Protestantism as a flag of rebellion. Following Napoleons defeat, Prussia emerged as Austrias chief competitor for rule of a greater Germany, Austrias defeat by Prussia at the Battle of Königgrätz, during the Austro-Prussian War of 1866, cleared the way for Prussia to assert control over the rest of Germany. In 1867, the empire was reformed into Austria-Hungary, Austria was thus the first to go to war in the July Crisis, which would ultimately escalate into World War I. The First Austrian Republic was established in 1919, in 1938 Nazi Germany annexed Austria in the Anschluss. This lasted until the end of World War II in 1945, after which Germany was occupied by the Allies, in 1955, the Austrian State Treaty re-established Austria as a sovereign state, ending the occupation. In the same year, the Austrian Parliament created the Declaration of Neutrality which declared that the Second Austrian Republic would become permanently neutral, today, Austria is a parliamentary representative democracy comprising nine federal states. The capital and largest city, with a population exceeding 1.7 million, is Vienna, other major urban areas of Austria include Graz, Linz, Salzburg and Innsbruck. Austria is one of the richest countries in the world, with a nominal per capita GDP of $43,724, the country has developed a high standard of living and in 2014 was ranked 21st in the world for its Human Development Index. Austria has been a member of the United Nations since 1955, joined the European Union in 1995, Austria also signed the Schengen Agreement in 1995, and adopted the euro currency in 1999. The German name for Austria, Österreich, meant eastern realm in Old High German, and is cognate with the word Ostarrîchi and this word is probably a translation of Medieval Latin Marchia orientalis into a local dialect. Austria was a prefecture of Bavaria created in 976, the word Austria is a Latinisation of the German name and was first recorded in the 12th century. Accordingly, Norig would essentially mean the same as Ostarrîchi and Österreich, the Celtic name was eventually Latinised to Noricum after the Romans conquered the area that encloses most of modern-day Austria, around 15 BC. Noricum later became a Roman province in the mid-first century AD, heers hypothesis is not accepted by linguists. Settled in ancient times, the Central European land that is now Austria was occupied in pre-Roman times by various Celtic tribes, the Celtic kingdom of Noricum was later claimed by the Roman Empire and made a province
13.
Napoleonic Wars
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The wars resulted from the unresolved disputes associated with the French Revolution and the Revolutionary Wars, which had raged on for years before concluding with the Treaty of Amiens in 1802. Napoleon became the First Consul of France in 1799, then Emperor five years later, inheriting the political and military struggles of the Revolution, he created a state with stable finances, a strong central bureaucracy, and a well-trained army. The British frequently financed the European coalitions intended to thwart French ambitions, by 1805, they had managed to convince the Austrians and the Russians to wage another war against France. At sea, the Royal Navy destroyed a combined Franco-Spanish fleet at Trafalgar in October 1805, Prussian worries about increasing French power led to the formation of the Fourth Coalition in 1806. France then forced the defeated nations of the Fourth Coalition to sign the Treaties of Tilsit in July, although Tilsit signified the high watermark of the French Empire, it did not bring a lasting peace for Europe. Hoping to extend the Continental System and choke off British trade with the European mainland, Napoleon invaded Iberia, the Spanish and the Portuguese revolted with British support. The Peninsular War lasted six years, featured extensive guerrilla warfare, the Continental System caused recurring diplomatic conflicts between France and its client states, especially Russia. Unwilling to bear the consequences of reduced trade, the Russians routinely violated the Continental System. The French launched an invasion of Russia in the summer of 1812. The resulting campaign witnessed the collapse and retreat of the Grand Army along with the destruction of Russian lands. In 1813, Prussia and Austria joined Russian forces in a Sixth Coalition against France, a lengthy military campaign culminated in a large Allied army defeating Napoleon at the Battle of Leipzig in October 1813. The Allies then invaded France and captured Paris in the spring of 1814 and he was exiled to the island of Elba near Rome and the Bourbons were restored to power. However, Napoleon escaped from Elba in February 1815 and took control of France once again, the Allies responded by forming a Seventh Coalition, which defeated Napoleon at the Battle of Waterloo in June. The Congress of Vienna, which started in 1814 and concluded in 1815, established the new borders of Europe and laid out the terms, Napoleon seized power in 1799, creating a de facto military dictatorship. The Napoleonic Wars began with the War of the Third Coalition, Kagan argues that Britain was irritated in particular by Napoleons assertion of control over Switzerland. Furthermore, Britons felt insulted when Napoleon stated that their country deserved no voice in European affairs, for its part, Russia decided that the intervention in Switzerland indicated that Napoleon was not looking toward a peaceful resolution of his differences with the other European powers. The British quickly enforced a blockade of France to starve it of resources. Napoleon responded with economic embargoes against Britain, and sought to eliminate Britains Continental allies to break the coalitions arrayed against him, the so-called Continental System formed a league of armed neutrality to disrupt the blockade and enforce free trade with France
14.
Historical Museum of the Palatinate
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The Historical Museum of the Palatinate is a museum in the city of Speyer in the Palatinate region of the German state of Rhineland-Palatinate. It is situated across the square from the Speyer Cathedral, the museums focus is on the History of the Palatinate, it has a collection of about 1 million artifacts, the oldest being an approximately 190, 000-year-old hand axe. The museum is among the most important in Germany, and is known for its special exhibitions, with over 200,000 visitors per year it is one of the major attractions of Speyer. The museum was established in 1869 and the collections of the Historical Society of the Palatinate, the former Rhine District, the building at the present site was built in 1910 by architect Gabriel von Seidl, a modern annex was added in 1990. The Museum offers two kinds of exhibitions, permanent and special ones, while the permanent exhibitions focus on the history of the Palatinate, the special ones can have general historical topics. Weighing more than 700 kg, sunk in the waters of the Rhine 1,700 years ago, “Attila and the Huns“ “The Samurai“ “The Vikings“ “Witches – Myth and Reality“ “Amazons – Myterious Female Warriors“ “The Salian Dynasty – Changing Power” “Discovering Egypt’s Treasurs. Masterworks from the Egyptian Museum in Turin” The five permanent exhibitions covering 8,000 m² are, Prehistory, Roman Era, Cathedral Treasure, Modern Era, Cathedral Treasure – The cathedral treasure contains the most important testimonies of the Salian Dynasty. One of them is the crown of Conrad II from 1039. The Emperor’s last clothes – This exhibition shows the restoration and conservation of remnants of clothing found in the emperial and royal graves in the Speyer Cathedral. Prehistory – The exhibits show the cultural, social and economical development in the Palatinate beginning from the earliest findings to the eve of the Roman occupation, one of the most prominent exhibits is the Golden Hat of Schifferstadt found near Schifferstadt. Roman Era – The Roman Era collection shows findings from the Palatinate, a special exhibit is the head of a centaur, dating around 10 B. C. found in Homburg-Schwarzenacker. Modern Era – Information and exhibits from the Renaissance till the end of the Second World War, highlights are the Frankental China, baroque paintings and precious gowns as well as the German Flag flown at the Hambach Festival. There are also paintings by the Speyer painter Anselm Feuerbach, Wine Museum – The collection contains unique artifacts from the world of wine, among them the oldest wine ever found, the Speyer wine bottle, dating from the 4th century. Evangelical Church of the Palatinate – This exhibition shows the connection between the development of the Protestant Church and Palatinate history. The first museum of its kind, it playfully gets children in touch with history and it offers workshops during school holidays and programmes for school classes. The 650 m²-area of covered courtyard offers opportunities for communication, concerts, workshops, theatre, objektsammlung des Historischen Museums der Pfalz Historischer Verein der Pfalz
15.
Speyer
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Speyer is a town in Rhineland-Palatinate, Germany, with approximately 50,000 inhabitants. Located beside the river Rhine, Speyer is 25 km south of Ludwigshafen, founded by the Romans, it is one of Germanys oldest cities. The first known names were Noviomagus and Civitas Nemetum, after the Teutonic tribe, Nemetes, around AD500 the name Spira first appeared in written documents and, as well as the French, this is still reflected in the names Spira and Espira used in Italian and Spanish. The citys name may be the origin of the Ashkenazi Jewish name, Shapiro, Speyer is dominated by the Speyer Cathedral, a number of churches and the Altpörtel. In the cathedral, beneath the altar, are the tombs of eight Holy Roman emperors. In 10 BC, the first Roman military camp is established, in AD150, the town appears as Noviomagus on the world map of the Greek geographer Ptolemy. In 346, a bishop for the town is mentioned for the first time, 4th century, Speyer appears on the Peutinger Map. In 1030, emperor Conrad II starts the construction of Speyer Cathedral, in 1076, emperor Henry IV embarks from Speyer, his favourite town, for Canossa. In 1084, establishment of the first Jewish community in Speyer, in 1294, the bishop loses most of his previous rights, and from now on Speyer is a Free Imperial Town of the Holy Roman Empire. In 1349, the Jewish community of Speyer is wiped out, between 1527 and 1689, Speyer is the seat of the Imperial Chamber Court. In 1526, at the Diet of Speyer interim toleration of Lutheran teaching, in 1529, at the Diet of Speyer the Lutheran states of the empire protest against the anti-Reformation resolutions. In 1635, Marshal of France Urbain de Maillé-Brézé, together with Jacques Nompar de Caumont, duc de La Force, conquers Heidelberg, in 1689, the town is heavily damaged by French troops. Between 1792 and 1814, Speyer is under French jurisdiction, in 1816, Speyer becomes the seat of administration of the Palatinate and of the government of the Rhine District of Bavaria, and remains so until the end of World War II. Between 1883 and 1904, the Memorial Church is built in remembrance of the Protestation of 1529, in 1947, the State Academy of Administrative Science is founded. In 1990, Speyer celebrates its 2000th anniversary
16.
Justinian I
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Justinian I, traditionally known as Justinian the Great and also Saint Justinian the Great in the Eastern Orthodox Church, was a Byzantine emperor from 527 to 565. During his reign, Justinian sought to revive the empires greatness, because of his restoration activities, Justinian has sometimes been called the last Roman in modern historiography. This ambition was expressed by the recovery of the territories of the defunct western Roman Empire. His general, Belisarius, swiftly conquered the Vandal kingdom in North Africa, the prefect Liberius reclaimed the south of the Iberian peninsula, establishing the province of Spania. These campaigns re-established Roman control over the western Mediterranean, increasing the Empires annual revenue by over a million solidi, during his reign Justinian also subdued the Tzani, a people on the east coast of the Black Sea that had never been under Roman rule before. A still more resonant aspect of his legacy was the rewriting of Roman law, the Corpus Juris Civilis. His reign also marked a blossoming of Byzantine culture, and his building program yielded such masterpieces as the church of Hagia Sophia, a devastating outbreak of bubonic plague in the early 540s marked the end of an age of splendour. Justinian was born in Tauresium around 482, a native speaker of Latin, he came from a peasant family believed to have been of Illyro-Roman or Thraco-Roman origins. The cognomen Iustinianus, which he later, is indicative of adoption by his uncle Justin. During his reign, he founded Justiniana Prima not far from his birthplace and his mother was Vigilantia, the sister of Justin. Justin, who was in the guard before he became emperor, adopted Justinian, brought him to Constantinople. As a result, Justinian was well educated in jurisprudence, theology, Justinian served for some time with the Excubitors but the details of his early career are unknown. Chronicler John Malalas, who lived during the reign of Justinian, tells of his appearance that he was short, fair skinned, curly haired, round faced, another contemporary chronicler, Procopius, compares Justinians appearance to that of tyrannical Emperor Domitian, although this is probably slander. When Emperor Anastasius died in 518, Justin was proclaimed the new emperor, during Justins reign, Justinian was the emperors close confidant. As Justin became senile near the end of his reign, Justinian became the de facto ruler, Justinian was appointed consul in 521 and later commander of the army of the east. Upon Justins death on 1 August 527, Justinian became the sole sovereign, as a ruler, Justinian showed great energy. He was known as the emperor who never sleeps on account of his work habits, nevertheless, he seems to have been amiable and easy to approach. Around 525, he married his mistress, Theodora, in Constantinople and she was by profession a courtesan and some twenty years his junior
17.
Roman law
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The historical importance of Roman law is reflected by the continued use of Latin legal terminology in many legal systems influenced by it. After the dissolution of the Western Roman Empire, the Roman law remained in effect in the Eastern Roman Empire, from the 7th century onward, the legal language in the East was Greek. Roman law also denotes the legal system applied in most of Western Europe until the end of the 18th century, in Germany, Roman law practice remained in place longer under the Holy Roman Empire. Roman law thus served as a basis for legal practice throughout Western continental Europe, as well as in most former colonies of these European nations, including Latin America, English and North American common law were influenced also by Roman law, notably in their Latinate legal glossary. Eastern Europe was also influenced by the jurisprudence of the Corpus Juris Civilis, especially in such as medieval Romania which created a new system. Also, Eastern European law was influenced by the Farmers Law of the medieval Byzantine legal system. g and it is believed that Roman Law is rooted in the Etruscan religion, emphasising ritual. The first legal text is the Law of the Twelve Tables, terentilius Arsa, proposed that the law should be written, in order to prevent magistrates from applying the law arbitrarily. In 451 BC, according to the story, ten Roman citizens were chosen to record the laws. While they were performing this task, they were given political power. In 450 BC, the decemviri produced the laws on ten tablets, a second decemvirate is said to have added two further tablets in 449 BC. The new Law of the Twelve Tables was approved by the peoples assembly, modern scholars tend to challenge the accuracy of Roman historians. They generally do not believe that a second decemvirate ever took place, the decemvirate of 451 is believed to have included the most controversial points of customary law, and to have assumed the leading functions in Rome. Furthermore, the question on the Greek influence found in the early Roman Law is still much discussed, many scholars consider it unlikely that the patricians sent an official delegation to Greece, as the Roman historians believed. Instead, those scholars suggest, the Romans acquired Greek legislations from the Greek cities of Magna Graecia, the original text of the Twelve Tables has not been preserved. The tablets were probably destroyed when Rome was conquered and burned by the Gauls in 387 BC, the fragments which did survive show that it was not a law code in the modern sense. It did not provide a complete and coherent system of all applicable rules or give legal solutions for all possible cases, rather, the tables contained specific provisions designed to change the then-existing customary law. Although the provisions pertain to all areas of law, the largest part is dedicated to private law, many laws include Lex Canuleia, Leges Licinae Sextiae, Lex Ogulnia, and Lex Hortensia. Another important statute from the Republican era is the Lex Aquilia of 286 BC, however, Romes most important contribution to European legal culture was not the enactment of well-drafted statutes, but the emergence of a class of professional jurists and of a legal science
18.
Corpus Juris Civilis
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This article is about the Roman law codification of Justinian I. For the canon law codification of a name, see Corpus Juris Canonici. The Corpus Juris Civilis is the name for a collection of fundamental works in jurisprudence, issued from 529 to 534 by order of Justinian I. It is also referred to as the Code of Justinian. All three parts, even the textbook, were given force of law and they were intended to be, together, the sole source of law, reference to any other source, including the original texts from which the Code and the Digest had been taken, was forbidden. Nonetheless, Justinian found himself having to enact laws and today these are counted as a fourth part of the Corpus. The work was directed by Tribonian, an official in Justinians court and his team was authorized to edit what they included. How far they made amendments is not recorded and, in the main, by the early 7th century, the official government language had become Greek during the lengthy reign of Heraclius. How far the Corpus Juris Civilis or any of its parts was effective, however, it was not in general use during the Early Middle Ages. After the Early Middle Ages, interest in it revived and it was received or imitated as private law and its public law content was quarried for arguments by both secular and ecclesiastical authorities. This revived Roman law, in turn, became the foundation of law in all civil law jurisdictions. The provisions of the Corpus Juris Civilis also influenced the law of the Roman Catholic Church. The Corpus continues to have an influence on public international law. Its four parts thus constitute the foundation documents of the Western legal tradition, the Codex was the first part to be finished, on 7 April 529. It contained in Latin most of the existing imperial constitutiones, back to the time of Hadrian and these works had developed authoritative standing. This first edition is now lost, an edition was issued in 534 and is the text that has survived. At least the second edition contained some of Justinians own legislation and it is not known whether he intended there to be further editions, although he did envisage translation of Latin enactments into Greek. Laws against heresy The very first law in the Codex requires all persons under the jurisdiction of the Empire to hold the Christian faith and this was primarily aimed against heresies such as Nestorianism
19.
French Revolution
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Through the Revolutionary Wars, it unleashed a wave of global conflicts that extended from the Caribbean to the Middle East. Historians widely regard the Revolution as one of the most important events in human history, the causes of the French Revolution are complex and are still debated among historians. Following the Seven Years War and the American Revolutionary War, the French government was deeply in debt, Years of bad harvests leading up to the Revolution also inflamed popular resentment of the privileges enjoyed by the clergy and the aristocracy. Demands for change were formulated in terms of Enlightenment ideals and contributed to the convocation of the Estates-General in May 1789, a central event of the first stage, in August 1789, was the abolition of feudalism and the old rules and privileges left over from the Ancien Régime. The next few years featured political struggles between various liberal assemblies and right-wing supporters of the intent on thwarting major reforms. The Republic was proclaimed in September 1792 after the French victory at Valmy, in a momentous event that led to international condemnation, Louis XVI was executed in January 1793. External threats closely shaped the course of the Revolution, internally, popular agitation radicalised the Revolution significantly, culminating in the rise of Maximilien Robespierre and the Jacobins. Large numbers of civilians were executed by revolutionary tribunals during the Terror, after the Thermidorian Reaction, an executive council known as the Directory assumed control of the French state in 1795. The rule of the Directory was characterised by suspended elections, debt repudiations, financial instability, persecutions against the Catholic clergy, dogged by charges of corruption, the Directory collapsed in a coup led by Napoleon Bonaparte in 1799. The modern era has unfolded in the shadow of the French Revolution, almost all future revolutionary movements looked back to the Revolution as their predecessor. The values and institutions of the Revolution dominate French politics to this day, the French Revolution differed from other revolutions in being not merely national, for it aimed at benefiting all humanity. Globally, the Revolution accelerated the rise of republics and democracies and it became the focal point for the development of all modern political ideologies, leading to the spread of liberalism, radicalism, nationalism, socialism, feminism, and secularism, among many others. The Revolution also witnessed the birth of total war by organising the resources of France, historians have pointed to many events and factors within the Ancien Régime that led to the Revolution. Over the course of the 18th century, there emerged what the philosopher Jürgen Habermas called the idea of the sphere in France. A perfect example would be the Palace of Versailles which was meant to overwhelm the senses of the visitor and convince one of the greatness of the French state and Louis XIV. Starting in the early 18th century saw the appearance of the sphere which was critical in that both sides were active. In France, the emergence of the public sphere outside of the control of the saw the shift from Versailles to Paris as the cultural capital of France. In the 1750s, during the querelle des bouffons over the question of the quality of Italian vs, in 1782, Louis-Sébastien Mercier wrote, The word court no longer inspires awe amongst us as in the time of Louis XIV
20.
Law
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Law is a system of rules that are created and enforced through social or governmental institutions to regulate behavior. Law as a system helps regulate and ensure that a community show respect, private individuals can create legally binding contracts, including arbitration agreements that may elect to accept alternative arbitration to the normal court process. The formation of laws themselves may be influenced by a constitution, written or tacit, the law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people. Islamic Sharia law is the worlds most widely used religious law, the adjudication of the law is generally divided into two main areas referred to as Criminal law and Civil law. Criminal law deals with conduct that is considered harmful to social order, Civil law deals with the resolution of lawsuits between individuals or organizations. Law provides a source of scholarly inquiry into legal history, philosophy, economic analysis. Law also raises important and complex issues concerning equality, fairness, there is an old saying that all are equal before the law, although Jonathan Swift argued that Laws are like cobwebs, which may catch small flies, but let wasps and hornets break through. In 1894, the author Anatole France said sarcastically, In its majestic equality, the law forbids rich and poor alike to sleep under bridges, beg in the streets, and steal loaves of bread. Writing in 350 BC, the Greek philosopher Aristotle declared, The rule of law is better than the rule of any individual, mikhail Bakunin said, All law has for its object to confirm and exalt into a system the exploitation of the workers by a ruling class. Cicero said more law, less justice, marxist doctrine asserts that law will not be required once the state has withered away. Regardless of ones view of the law, it today a completely central institution. Numerous definitions of law have been put forward over the centuries, at the same time, it plays only one part in the congeries of rules which influence behavior, for social and moral rules of a less institutionalized kind are also of great importance. There have been attempts to produce a universally acceptable definition of law. In 1972, one indicated that no such definition could be produced. McCoubrey and White said that the question what is law, glanville Williams said that the meaning of the word law depends on the context in which that word is used. He said that, for example, early customary law and municipal law were contexts where the law had two different and irreconcilable meanings. Thurman Arnold said that it is obvious that it is impossible to define the word law and it is possible to take the view that there is no need to define the word law. The history of law links closely to the development of civilization, Ancient Egyptian law, dating as far back as 3000 BC, contained a civil code that was probably broken into twelve books
21.
Custom of Paris in New France
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The Custom of Paris was one of Frances regional custumals of civil law. It was the law of the land in Paris and the region in the 16th-18th centuries and was applied to French overseas colonies. First written in 1507 and revised in 1580 and 1605, the Custom of Paris was a compilation and systematization of Renaissance-era customary law, divided into 16 sections, it contained 362 articles concerning family and inheritance, property, and debt recovery. It was the source of law in New France from the earliest settlement. The Custom of Paris was introduced in 1627 by the Company of One Hundred Associates, in Quebec, however, it was not replaced until the entering into force of the Civil Code of Lower Canada in 1866, which incorporated English law into its existing legal framework. The Custom first originated in 16th-century France as part of a project of centralization of law. French law was not unified, having instead multiple regions with distinct laws emanating from each regions unique blending of jus commune, the Custom of Paris was just one of 360 uncodified custumals in effect across the different regions of 15th-century France. It was first compiled in 1510 and subsequently revised in 1580 by order of King Henry III, a symptom of the time in which it was written, the Customs 362 articles attempted to merge feudal land tenure with the nascent town-centered commercialization of the Ancien Régime. In 1663, upon the dissolution of the Company of One Hundred Associates, the Custom was officially introduced in New France by article 33 of the royal charter establishing the French West India Company in May 1664. However, the Custom had been a part of the system of Canada since the 1627 founding of the Company of One Hundred Associates. The unilateral application of the Custom to the colonies was the solution that was adopted by the French monarchy after 1664, despite the judicial unity, customary practice varied across regions. Institutionally, the colony found itself governed by a sort of government in 1665. The Intendant, who represented one third of body, was charged with the policy areas of justice, police. The Custom evolved rapidly in New France, to the extent that in 1760 it was the law of Canada, under the Custom of Paris, property was divided into movables and immovables. Immovables such as land, offices, and rentcharges were considered separate property if acquired by one of the prior to the marriage or inherited directly by either spouse. The distinction between property and community property was very important, many limitations were imposed on the alienation of separate property. Land was subject to feudal tenure and could be held in allod or fief, free socage was considered noble and the latter peasant. Villein socage was subject to a number of real burdens and feudal incidents owed to the manorial landlord, for example, the Custom provided for the payment of an annual feu-duty by villein socagers to the landlord as both revenue and as a token of submission
22.
National Convention
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The National Convention was the third government of the French Revolution, following the two-year National Constituent Assembly and the one-year Legislative Assembly. Created after the insurrection of 10 August 1792, it was the first French government organized as a republic. The Convention sat as an assembly from 20 September 1792 to 26 October 1795. The National Convention was therefore the first French assembly elected by a suffrage without distinctions of class, although the Convention lasted until 1795, power was effectively stripped from the elected deputies and concentrated in the small Committee of Public Safety from April 1793. After the fall of Robespierre, the Convention lasted for year until a new constitution was written. The election took place from 2 to 6 September 1792 after the election of the colleges by primary assemblies on 26 August. Therefore, the increased suffrage had very little impact, the electorate returned the same sort of men that the active citizens had chosen in 1791. In the whole of France, only eleven primary assemblies wanted to retain the monarchy, of the electoral assemblies, all tacitly voted for a republic – though only Paris used the word. None of the deputies stood as a royalist for elections, out of the five million Frenchmen able to vote, only a million showed up at the polls. The Salle des Machines had galleries for the public who often influenced the debates with interruptions or applause, the members of the Convention came from all classes of society, but the most numerous were lawyers. 75 members had sat in the National Constituent Assembly,183 in the Legislative Assembly, the full number of deputies was 749, not counting 33 from the French colonies, of whom only some arrived in Paris in time. Besides these, however, the newly formed départements annexed to France from 1792 to 1795 were allowed to send deputations, according to its own ruling, the Convention elected its President every fortnight, and the outgoing President was eligible for re-election after the lapse of a fortnight. Ordinarily the sessions were held in the morning, but evening sessions also occurred frequently, sometimes in exceptional circumstances the Convention declared itself in permanent session and sat for several days without interruption. For both legislative and administrative the Convention used committees, with more or less widely extended and regulated by successive laws. The most famous of these included the Committee of Public Safety. The Convention held legislative and executive powers during the first years of the French First Republic and had three periods, Girondin, Montagnard or Jacobin, and Thermidorian. The abolition of the royalty is a matter you cannot put off till tomorrow, the first session was held on 20 September 1792. The following day, amidst profound silence, the proposition was put to the assembly, on the 22nd came the news of the Battle of Valmy
23.
French Consulate
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The Consulate was the government of France from the fall of the Directory in the coup of Brumaire in 1799 until the start of the Napoleonic Empire in 1804. By extension, the term The Consulate also refers to period of French history. Due to the institutions established during these years, Robert B. Holtman has called the Consulate one of the most important periods of all French history, Napoleon brought authoritarian personal rule which has been viewed as military dictatorship. French military disasters in 1798 and 1799 had shaken the Directory, an irregularity emerged in the election of Jean Baptiste Treilhard, who retired in favor of Louis Jérôme Gohier. Within days, Philippe-Antoine Merlin and Louis-Marie de La Revellière were driven to resign, Baron Jean-François-Auguste Moulin, the three new directors were generally seen as non-entities. A few more military disasters, royalist insurrections in the south, Chouan disturbances in a dozen departments of the part of France, Orléanist intrigues. In order to soothe the populace and protect the frontier, more than the French Revolutions usual terrorist measures was necessary, the new Directory government, led by Sieyès, decided that the necessary revision of the constitution would require a head and a sword. Jean Victor Moreau being unattainable as his sword, Sieyès favoured Barthélemy Catherine Joubert, but, success was reserved for Bonaparte, suddenly landing at Fréjus with the prestige of his victories in the East, and now, after Hoches death, appearing as sole master of the armies. In the coup of 18 Brumaire Year VIII, Napoleon seized French parliamentary and military power in a two-fold coup détat, the initial 18 Brumaire coup seemed to be a victory for Sieyès, rather than for Bonaparte. Sieyès was a proponent of a new system of government for the Republic, Bonapartes cleverness lay in counterposing Pierre Claude François Daunous plan to that of Sieyès, and in retaining only those portions of both which could serve his ambition. Ultimate executive authority was vested in three consuls, who were elected for ten years, popular suffrage was retained, though mutilated by the lists of notables. Napoleon vetoed Sieyès original idea of having a single Grand Elector as supreme executive, Sieyès had intended to reserve this important position for himself, and by denying him the job Napoleon helped reinforce the authority of the consuls, an office which he would assume. Nor was Napoleon content simply to be part of an equal triumvirate, by consolidating power, Bonaparte was able to transform the aristocratic constitution of Sieyès into an unavowed dictatorship. On 7 February 1800, a referendum confirmed the new constitution. It vested all of the power in the hands of the First Consul. A full 99. 9% of voters approved the motion, according to the released results and he gave everyone a feeling that France was governed once more by a real statesman, and that a competent government was finally in charge. Bonaparte had now to rid himself of Sieyès and of those republicans who had no desire to hand over the republic to one man, particularly of Moreau and Masséna, his military rivals
24.
Second French Empire
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The Second French Empire was the Imperial Bonapartist regime of Napoleon III from 1852 to 1870, between the Second Republic and the Third Republic, in France. The structure of the French government during the Second Empire was little changed from the First, but Emperor Napoleon III stressed his own imperial role as the foundation of the government. He had so often, while in prison or in exile and his answer was to organize a system of government based on the principles of the Napoleonic Idea. This meant that the emperor, the elect of the people as the representative of the democracy, ruled supreme. He himself drew power and legitimacy from his role as representative of the great Napoleon I of France, the anti-parliamentary French Constitution of 1852 instituted by Napoleon III on 14 January 1852, was largely a repetition of that of 1848. All executive power was entrusted to the emperor, who, as head of state, was responsible to the people. The people of the Empire, lacking democratic rights, were to rely on the benevolence of the rather than on the benevolence of politicians. He was to nominate the members of the council of state, whose duty it was to prepare the laws, and of the senate, a body permanently established as a constituent part of the empire. One innovation was made, namely, that the Legislative Body was elected by universal suffrage and this new political change was rapidly followed by the same consequence as had attended that of Brumaire. The press was subjected to a system of cautionnements and avertissements, in order to counteract the opposition of individuals, a surveillance of suspects was instituted. In the same way public instruction was strictly supervised, the teaching of philosophy was suppressed in the lycées, for seven years France had no democratic life. The Empire governed by a series of plebiscites, up to 1857 the Opposition did not exist, from then till 1860 it was reduced to five members, Darimon, Émile Ollivier, Hénon, Jules Favre and Ernest Picard. On 2 December 1851 Louis-Napoléon Bonaparte, who had been elected President of the Republic and he thus became sole ruler of France, and re-established universal suffrage, previously abolished by the Assembly. His decisions and the extension of his mandate for 10 years were popularly endorsed by a referendum later that month that attracted an implausible 92 percent support. A new constitution was enacted in January 1852 which made Louis-Napoléon president for 10 years, however, he was not content with merely being an authoritarian president. Almost as soon as he signed the new document into law, in response to officially-inspired requests for the return of the empire, the Senate scheduled a second referendum in November, which passed with 97 percent support. As with the December 1851 referendum, most of the yes votes were manufactured out of thin air, the empire was formally re-established on 2 December 1852, and the Prince-President became Napoléon III, Emperor of the French. The constitution concentrated so much power in his hands that the only changes were to replace the word president with the word emperor
25.
Case law
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Case law is the set of existing rulings which made new interpretations of law and, therefore, can be cited as precedents. In other countries, such as most European countries, the term is applied to any set of rulings on law which is guided by previous rulings, for example, patent office case law. Trials and hearings which are not selected as courts of first impression do not have rulings that become law, therefore. The legal systems of the Nordic countries are included among the civil law systems, but as a separate branch. In Sweden, for instance, case law plays a more important role than in some of the Continental civil law systems. The two highest courts, the Supreme Court and the Supreme Administrative Court, have the right to set precedent which is in practice binding on all future application of the law. Courts of appeal, both courts and administrative courts may also issue decisions that act as guides for the application of the law. In the common law tradition, courts decide the law applicable to a case by interpreting statutes and applying precedents which record how, normally, the burden rests with litigants to appeal rulings to the higher courts. If a judge acts against precedent and the case is not appealed, the decision will stand. A lower court may not rule against a binding precedent, even if it feels that it is unjust and this may happen several times as the case works its way through successive appeals. High Trees House Ltd K. B.130, the different roles of case law in civil and common law traditions create differences in the way that courts render decisions. By contrast, decisions in civil law jurisdictions are generally very short, some pluralist systems, such as Scots law in Scotland and so-called civil law jurisdictions in Quebec and Louisiana, do not precisely fit into the dual common-civil law system classifications. Such systems may have heavily influenced by the Anglo-American common law tradition, however. Because of their position between the two systems of law, these types of legal systems are sometimes referred to as mixed systems of law. Law professors in common law traditions play a smaller role in developing case law than professors in civil law traditions. Historically, common law courts relied little on legal scholarship, thus, at the turn of the twentieth century, thus common law systems are adopting one of the approaches long common in civil law jurisdictions. Judges may refer to types of persuasive authority to reach a decision in a case. Widely cited non-binding sources include legal encyclopedias such as Corpus Juris Secundum and Halsburys Laws of England, some bodies are given statutory powers to issue Guidance with persuasive authority or similar statutory effect, such as the Highway Code
26.
Rule of law
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The rule of law is the legal principle that law should govern a nation, as opposed to being governed by arbitrary decisions of individual government officials. It primarily refers to the influence and authority of law within society, particularly as a constraint upon behaviour, including behaviour of government officials. The phrase can be traced back to 16th century Britain, John Locke defined freedom under the rule of law as follows, “Freedom is constrained by laws in both the state of nature and political society. Freedom of nature is to be no other restraint but the law of nature. Freedom of people under government is to be under no restraint apart from standing rules to live by that are common to everyone in the society and made by the lawmaking power established in it. Persons have a right or liberty to follow their own will in all things that the law has not prohibited and not be subject to the inconstant, uncertain, unknown, and arbitrary wills of others. ”The rule of law was further popularized in the 19th century by British jurist A. V. Dicey. The concept, if not the phrase, was familiar to ancient philosophers such as Aristotle, Rule of law implies that every citizen is subject to the law, including lawmakers themselves. In this sense, it stands in contrast to an autocracy, dictatorship, Government based upon the rule of law is called nomocracy. In the West, the ancient Greeks initially regarded the best form of government as rule by the best men, Plato advocated a benevolent monarchy ruled by an idealized philosopher king, who was above the law. More than Plato attempted to do, Aristotle flatly opposed letting the highest officials wield power beyond guarding and serving the laws, according to the Roman statesman Cicero, We are all servants of the laws in order that we may be free. During the Roman Republic, controversial magistrates might be put on trial when their terms of office expired, under the Roman Empire, the sovereign was personally immune, but those with grievances could sue the treasury. In contrast, the Huang-Lao school of Daoism rejected legal positivism in favor of a law that even the ruler would be subject to. There has recently been an effort to reevaluate the influence of the Bible on Western constitutional law, according to Professor Bernard M. Levinson, This legislation was so utopian in its own time that it seems never to have been implemented. The Deuteronomic social vision may have influenced opponents of the right of kings. In Islamic jurisprudence rule of law was formulated in the century, so that no official could claim to be above the law. However, this was not a reference to law. Alfred the Great, Anglo-Saxon King of the 9th century, reformed the law of his kingdom and created a law code with the biblical Mosaic law and he ruled that justice had to be equal between people, whether rich or poor, friends or enemies. This was likely inspired from Leviticus 19, You shall do no injustice in judgment and you shall not be partial to the poor, nor defer to the great
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Louis-Michel le Peletier, marquis de Saint-Fargeau
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Louis-Michel le Peletier, Marquis of Saint-Fargeau was a French politician and martyr of the French revolution. Born in Paris, he belonged to a family, his great-grandfather, Michel Robert Le Peletier des Forts, count of Saint-Fargeau. After the death of his family, Le Peletier gained a vast amount of wealth. He entered into politics by becoming a lawyer in the employ of the Place du Châtelet, in 1785 Le Peletier was advanced to avocat-general. In 1789 he was elected to the Parlement of Paris, initially, he shared the conservative views of the majority of his class, but by degrees his ideas changed and became increasingly radical. On 13 July 1789 he demanded the recall of Necker, whose dismissal by the king had aroused great excitement in Paris, in the Constituent Assembly he moved the abolition of the death penalty, of the galleys and of branding, and the substitution of beheading for hanging. This attitude won him popularity, and on 21 June 1790 he was made president of the Constituent Assembly. He remained in position until 5 July 1790. During the existence of the Legislative Assembly, he was elected President of the General Council for the Yonne département in 1791 and he was then elected by this département to become a deputy to the Convention. Here he was in favor of the trial of Louis XVI by the Assembly and was a vote for the death of the king. While in the Convention, Le Peletier focused mainly on reform of education. It called for both males and females to be taught in schools and taught revolutionary ideas instead of the customary history, science, mathematics, language. His educational plan was supported by Robespierre and his ideas were borrowed in later schemes, on 20 January 1793, the eve of the kings execution, Le Peletier was assassinated in a restaurant in the Palais Royal. His murderer, Philippe Nicolas Marie de Pâris, a member of the Garde du Corps and his assassin fled to Normandy, where, on the point of being discovered, he supposedly shot himself in the head. Other sources claim the real murderer fled to England where he died years later, the Convention honored Louis Michel Le Peletier with a magnificent funeral. His body was displayed in the Place Vendôme beneath the statue of King Louis XIV, Le Peletier was buried in the Panthéon in Paris in 1793. His body was removed by his family on 14 February 1795, the station Saint-Fargeau of the Paris Métro is named for him. A Sèvres biscuit porcelain bust of Louis Michel Le Peletier is on display in the Château de Vizille, Isère
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Transaction cost
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In economics and related disciplines, a transaction cost is a cost incurred in making an economic exchange of some sort, or in other words the cost of participating in a market. Bargaining costs are the required to come to an acceptable agreement with the other party to the transaction, drawing up an appropriate contract. In game theory this is analyzed for instance in the game of chicken, on asset markets and in market microstructure, the transaction cost is some function of the distance between the bid and ask. Policing and enforcement costs are the costs of making sure the other party sticks to the terms of the contract, for example, the buyer of a used car faces a variety of different transaction costs. The search costs are the costs of finding a car and determining the cars condition, the bargaining costs are the costs of negotiating a price with the seller. The policing and enforcement costs are the costs of ensuring that the seller delivers the car in the promised condition, the idea that transactions form the basis of an economic thinking was introduced by the institutional economist John R. Commons. He said that, These individual actions are really trans-actions instead of individual behavior or the exchange of commodities. The shift is a change in the unit of economic investigation. The classic and hedonic economists, with their communistic and anarchistic offshoots, founded their theories on the relation of man to nature, the smallest unit of the classic economists was a commodity produced by labor. The smallest unit of the hedonic economists was the same or similar commodity enjoyed by ultimate consumers, one was the objective side, the other the subjective side, of the same relation between the individual and the forces of nature. The outcome, in case, was the materialistic metaphor of an automatic equilibrium, analogous to the waves of the ocean. But the smallest unit of the institutional economists is a unit of activity – a transaction, however, the term is actually absent from his early work up to the 1970s. The term Transaction Costs itself can instead be traced back to the economics literature of the 1950s. Arguably, transaction cost reasoning became most widely known through Oliver E. Williamsons Transaction Cost Economics, today, transaction cost economics is used to explain a number of different behaviours. According to Williamson, the determinants of transaction costs are frequency, specificity, uncertainty, limited rationality, at least two definitions of the phrase transaction cost are commonly used in literature. For Cheung, if the transaction costs were not already so popular in economics literatures. But many economists seem to restrict the definition to exclude costs internal to an organization, the latter definition parallels Coases early analysis of costs of the price mechanism and the origins of the term as a market trading fee. Starting with the definition, many economists then ask what kind of institutions minimize the transaction costs of producing and distributing a particular good or service
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Parlement
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A parlement was a provincial appellate court in the France of the Ancien Régime, i. e. before the French Revolution. In 1789,13 parlements existed, the most important of which was by far the Parlement of Paris, while the English word parliament derives from this French term, parlements were not legislative bodies. They consisted of a dozen or more judges, or about 1,100 judges nationwide. They were the court of appeal of the judicial system. Laws and edicts issued by the Crown were not official in their respective jurisdictions until the parlements gave their assent by publishing them, the members were aristocrats called nobles of the gown who had bought or inherited their offices, and were independent of the King. From 1770 to 1774 the Lord Chancellor, Maupeou, tried to abolish the Parlement of Paris in order to strengthen the Crown, however, when King Louis XV died in 1774, the parlements were reinstated. The parlements spearheaded the resistance to the absolutism and centralization of the Crown, but they worked primarily for the benefit of their own class. Alfred Cobban argues that the parlements were the obstacles to any reform before the Revolution. In November 1789, early in the French Revolution, all parlements were suspended, the political institutions of the Parlement in Ancien Régime France developed out of the Kings Council, and consequently enjoyed ancient, customary consultative and deliberative prerogatives. In the 13th century, the parlements acquired judicial functions, then the droit de remontrance against the king, the Paris parlements jurisdiction covered the entire kingdom as it was in the 14th century, but did not automatically advance in step with the Crowns ever expanding realm. The Parlement of Paris played a role in stimulating the nobility to resist the expansion of royal power by military force in the Fronde. In the end, the King won out and the nobility was humiliated, in such a case, the parlements powers were suspended for the duration of this royal session. King Louis XIV moved to centralize authority into his own hands, in 1665, he ordained that a Lit de justice could be held without the king having to appear in person. In 1667, he limited the number of remonstrances to only one, in 1671–1673, however, the parlements resisted the taxes occasioned by the Dutch War. In 1673, the king imposed additional restrictions that stripped the parlements of any influence upon new laws by ordaining that remonstrances could only be issued after registration of the edicts. After Louis death in 1715, all the restrictions were discontinued by the regent and these locations were provincial capitals of those provinces with strong historical traditions of independence before they were annexed to France. Nevertheless, the Parlement of Paris had the largest jurisdiction of all the parlements, covering the part of northern and central France. In some regions provincial States-General also continued to meet and legislate with a measure of self-governance, tenure on the court was generally bought from the royal authority, and such positions could be made hereditary by payment of a tax to the King called la Paulette
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Court
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Similarly, the rights of those accused of a crime include the right to present a defense before a court. The system of courts that interprets and applies the law is known as the judiciary. The place where a court sits is known as a venue, the practical authority given to the court is known as its jurisdiction – the courts power to decide certain kinds of questions or petitions put to it. It is also usual in the courts to have barristers, and attorneys or counsel, as assistants, though, often, courts consist of additional barristers, bailiffs, reporters. The term the court is used to refer to the presiding officer or officials. The judge or panel of judges may also be referred to as the bench. In the United States, and other common law jurisdictions, the court by law is used to describe the judge himself or herself. In the United States, the authority of a court to take action is based on personal jurisdiction, subject-matter jurisdiction. The English word court is a cognate of the Latin word hortus, the verb to court, meaning to win favor, derives from the same source since people traveled to the sovereigns court to win his favor. The word jurisdiction comes from juris and dictio, jurisdiction is defined as the official authority to make legal decisions and judgements over an individual or materialistic item within a territory. Whether a given court has jurisdiction to preside over a case is a key question in any legal action. Three basic components of jurisdiction are jurisdiction over the person (personal jurisdiction, jurisdiction over the subject matter or thing. Other concepts of jurisdiction include general jurisdiction, exclusive jurisdiction, territorial jurisdiction, appellate jurisdiction, trial courts are courts that hold trials. Sometimes termed courts of first instance, trial courts have varying original jurisdiction, trial courts may conduct trials with juries as the finders of fact or trials in which judges act as both finders of fact and finders of law. Juries are less common in court systems outside the Anglo-American common law tradition, appellate courts are courts that hear appeals of lower courts and trial courts. Some courts, such as the Crown Court in England and Wales may have both trial and appellate jurisdictions, the two major legal traditions of the western world are the civil law courts and the common law courts. These two great legal traditions are similar, in that they are products of western culture although there are significant differences between the two traditions, civil law courts are profoundly based upon Roman Law, specifically a civil body of law entitled Corpus iuris civilis. Civil law is firmly ensconced in the French and German legal systems, Common law courts were established by English royal judges of the Kings Council after the Norman Invasion of Britain in 1066
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Remand (detention)
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Remand or pre-trial detention or provisional detention is the process of keeping a person who has been arrested in custody before conviction. Those charged with serious crimes may be held in a prison until trial or sentencing. Varying terminology is used, but remand is generally used in common law jurisdictions, continued detention after conviction is referred to as imprisonment. Because imprisonment without trial is contrary to the presumption of innocence, in liberal democracies pre-trial detention is usually subject to safeguards, the pre-charge detention period is the period of time during which an individual can be held and questioned by police, prior to being charged with an offence. Not all countries have such a concept, and in those that do, the court then has a further 24 hours either to order a custody, or to release the person detained. Detailed rules of detention are included in the Criminal Procedural Code, the police may arrest and detain a suspect after obtaining prosecutors consent. In an urgent case the police may detain a suspect without the consent, in both cases, however, the police detention may take place only when grounds for pre-trial detention exist. The statutory limits of 48 +24 hours must be complied with and reaching the limit should aways trigger immediate release. The perpetrator must immediately be handed over to the police, or when that is not possible, in the United States, a person is protected by the federal constitution from being held in prison unlawfully. The right to have ones detention reviewed by a judge is called habeas corpus, Constitution states that The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it. A declaration of a state of emergency can suspend the right to habeas corpus, the Sixth Amendment requires criminal defendants to be informed of the nature and cause of the accusation. The U. S. Bill of Rights thus grants some protection against being held without criminal charge, federal authorities have also exercised the power to arrest people on the basis of being a material witness. Involuntary commitment of the mentally ill is another category of detention without criminal prosecution, the scope of such detentions is also limited by the Bill of Rights. Administrative detention, a term applied to many of these categories, is used to imprison illegal immigrants. Häktning is a pre-trial supervision measure pursuant to Swedish law, meaning that a suspect can be detained by a court in the case of crimes for which there is a term of one year or more. There are two degrees of suspicion, reasonable suspicion, or probable cause, the identity of the suspect is not established, if he refuses to say it or has given a false identity. A person may be held in custody for a period of not more than 14 days. For suspect who has not yet turned 18 needed serious reasons for detention decisions are to be notified of the court, a person, with less serious crimes, they are given by prosecutors a summary penalty order
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Murder
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A murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human being with malice aforethought. This state of mind may, depending upon the jurisdiction, distinguish murder from other forms of unlawful homicide, manslaughter is a killing committed in the absence of malice, brought about by reasonable provocation, or diminished capacity. Involuntary manslaughter, where it is recognized, is a killing that lacks all but the most attenuated guilty intent, in most countries, a person convicted of murder generally faces a long-term prison sentence, possibly a life sentence where permitted. In many common law jurisdictions, a convicted of murder will receive a mandatory life sentence. In jurisdictions where capital punishment exists, the penalty may be imposed for such an act, however. The modern English word murder descends from the Proto-Indo-European mrtró which meant to die, the Middle English mordre is a noun from Anglo-Saxon morðor and Old French murdre. Middle English mordre is a verb from Anglo-Saxon myrdrian and the Middle English noun, the elements of common law murder are, Unlawful killing through criminal act or omission of a human by another human with malice aforethought. Killing – At common law life ended with cardiopulmonary arrest – the total, with advances in medical technology courts have adopted irreversible cessation of all brain function as marking the end of life. Сriminal act or omission – Killing can be committed by an act or an omission. of a human – This element presents the issue of life begins. At common law, a fetus was not a human being, life began when the fetus passed through the vagina and took its first breath. By another human – In early common law, suicide was considered murder, the requirement that the person killed be someone other than the perpetrator excluded suicide from the definition of murder. With malice aforethought – Originally malice aforethought carried its everyday meaning – a deliberate, Murder necessarily required that an appreciable time pass between the formation and execution of the intent to kill. The courts broadened the scope of murder by eliminating the requirement of actual premeditation and deliberation as well as true malice, all that was required for malice aforethought to exist is that the perpetrator act with one of the four states of mind that constitutes malice. The four states of mind recognized as constituting malice are, Under state of mind, intent to kill, thus, if the defendant intentionally uses a deadly weapon or instrument against the victim, such use authorizes a permissive inference of intent to kill. In other words, intent follows the bullet, examples of deadly weapons and instruments include but are not limited to guns, knives, deadly toxins or chemicals or gases and even vehicles when intentionally used to harm one or more victims. In Australian jurisdictions, the risk must amount to a foreseen probability of death. Under state of mind, the doctrine, the felony committed must be an inherently dangerous felony, such as burglary, arson, rape. Importantly, the underlying felony cannot be a lesser included offense such as assault, as with most legal terms, the precise definition of murder varies between jurisdictions and is usually codified in some form of legislation
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Presumption of innocence
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The presumption of innocence, sometimes referred to by the Latin expression Ei incumbit probatio qui dicit, non qui negat, is the principle that one is considered innocent unless proven guilty. If reasonable doubt remains, the accused is to be acquitted, under the Justinian Codes and English common law, the accused is presumed innocent in criminal proceedings, and in civil proceedings both sides must issue proof. The same principle is recognized by Islamic law, the sixth century Digest of Justinian provides, as a general rule of evidence, Ei incumbit probatio qui dicit, non qui negat—Proof lies on him who asserts, not on him who denies. It is there attributed to the second and third century jurist Paul and it was introduced in Roman criminal law by emperor Antoninus Pius. Similar to that of Roman Law, Islamic law also holds the principle that the onus of proof is on the accusor or claimant based on a hadith documented by Imam Nawawi. Suspicion is also highly condemned, this also from a hadith documented by Imam Nawawi as well as Imam Bukhari, after the time of Muhammad, the fourth Caliph Ali ibn Abi Thalib has also been cited to say Avert the prescribed punishment by rejecting doubtful evidence. After the fall of the Roman Empire, Europe fell back on a Germanic system that presumed guilt, the accused could prove his innocence by having, for example, twelve people swear that he could not have done what he was accused of. This tended to favor the nobility over the lower classes, in sources from common law jurisdictions, the expression appears in an extended version, in its original form and then in a shortened form. As found in its form, it is, Ei incumbit probatio qui dicit, non qui negat—The proof lies upon the one who affirms. Then, shortened from the original, it is, Ei incumbit probatio qui—the onus of proving a fact rests upon the man who. The maxim or its equivalent has been adopted by civil law systems, including Brazil, France, Italy, Philippines, Poland, Romania. Presumption of innocence serves to emphasize that the prosecution has the obligation to each element of the offense beyond a reasonable doubt. This is often expressed in the phrase innocent until proven guilty, Garrow insisted that accusers be robustly tested in court. An objective observer in the position of the juror must reasonably conclude that the defendant almost certainly committed the crime and it is literally considered favorable evidence for the accused that automatically attaches at trial. It requires that the trier of fact, be it a juror or judge, to ensure this legal protection is maintained a set of three related rules govern the procedure of criminal trials. With respect to the facts of the case, the defendant does not have any burden of proof whatsoever. The defendant does not have to testify, call witnesses or present any evidence, and if the defendant elects not to testify or present evidence. The jury or judge is not to any negative inferences from the fact the defendant has been charged with a crime and is present in court
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