Chapter Title: Birth of the Modern State
This course explores the historical, economic, social, and political factors that shaped modern legal institutions in France from the 15th to 18th centuries. Discover how material and cultural conditions influenced the evolution of law, setting the stage for the French Revolution.
Expected Outcomes:
- Understand the origins of modern legal institutions
- Grasp the influence of historical conditions on law
- See how the French Revolution was formed.
Core Content:
1. The Western Middle Ages (5th–15th Centuries):
- Following the fall of the Western Roman Empire in 476 AD, Western Europe gradually evolved its unique structure, diverging from Roman influence.
- The French state gradually transformed by this.
Detailed explanation:
- The Western Roman Empire structures gradually retreated, paving the way for new social relationships.
- The French Revolution of 1789 marked a shift towards rationalism and human rights.
2. Characteristics of the Early Middle Ages:
- Early Middle Age societies in the West evolved from the slow merging of Roman and barbarian populations.
- This period saw the rise of aristocracy and a decline in international trade, with the majority of people engaged in agriculture.
Detailed explanation:
- Germanic populations gradually transitioned from nomadic lifestyles to settled communities.
- A rudimentary political system emerged, with kings aided by warrior families bound by oaths of loyalty.
- Culture was largely oral, and the economy was based on survival, including hunting, fishing, and raiding.
3. The French or Frankish Kingdom:
- Emerging from the aftermath of the Roman Empire, the Frankish Kingdom rose to prominence under leaders like Clovis and Dagobert.
- The Merovingian Frankish kings embraced all of what used to known as Gaul, and a little bit of Germany.
Detailed explanation:
- The kingdom's success was largely attributed to Clovis's conversion to Christianity in 496 AD, gaining support from the Church.
- The kingdom gradually transitioned from simple management to centralized governance in Paris.
- The monarchy gained power, using feudal tools to gradually impose on the nobles who controlled portions of the countryside. The King gradually ruled these local areas.
4. Society under the Old Regime:
- The French and Frankish society featured three social classes: the First Estate (Clergy), the Second Estate (Nobility), and the Third Estate (Everyone else).
- Inequality between the three social classes was a hallmark of the society.
Detailed explanation:
- Each class had a different right (or private lex).
5. European Thoughts and the Enlightenment:
- The Enlightenment saw a time of European thoughts and enlightenment, led by major players such as Machiavelli, Montesquieu, Hobbes and Rousseau. Montesquieu was known for idea of "seperation of powers".
Q&A
Q: What is the objective of the course?
A: The objective is to provide students with a critical understanding of the historical, economic, social, and political factors that shaped modern legal institutions in France.
Q: What does "Old Regime" mean?
A: Old Regime refers to the monarchical, aristocratic, social, and political system that was present in France from roughly the 15th century to around the 18th centry, before the dawn of the French Revolution.
Q: What are the "Three Estates"?
A: The three estates refers to the three social classes of Frankish and French society - the clergy, the nobles, and the third estate (everyone else).
