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Jean-Étienne-Marie Portalis (1746–1807)

100%
Klimaszewska A.
Kwartalnik Prawa Prywatnego
|
2015
|
vol. 24
|
issue 1
5-29
EN
A brilliant jurist from Provence, lawyer at the Aix Parliament, Portalis was one of the opponents of the Revolution. An outstanding orator, expert of Roman and canon law, philosopher. A man to whom Napoleon entrusted two monumental works simultaneously – the drawing up of the Civil Code, which was to define the foundations of the new society, and the drafting up of the concordat principles for the co-existence of State and religion. He is widely recognized as the master architect of one of the most famous mainstays of law – he criticised the positivist approach which placed the legal acts on an inviolable pedestal. He held a deep desire for the state of law, and his entire life centered on the law.
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The Code Civil Between Enlightenment and Restoration. The Heritage of Portalis

63%
van Roermund B.
Diametros
|
2014
|
issue 40
149-175
EN
The French Code civil, including the tradition of legal practice and scholarship it stands for, is the child of two parents: Enlightenment and Restoration. They came together in the person of Jean Etienne Marie Portalis (1746–1807), who was the main drafter of the code under Napoleon. I want to investigate which line of philosophical argument he followed in uniting the two and critically assess the value of this argumentation. In section 1 I briefly sketch the codification of civil law in the (post-)revolutionary setting of the time, as well as Portalis’ philosophical background. Section 2 turns to the principled and wide-ranging discourse he delivered at the occasion of the formal presentation of the draft civil code to the legislature. This discourse, in turn, found its deeper roots in an extensive treatise that he wrote prior to the former, on the use and abuse of reason in times of Enlightenment (Section 3). I will focus, in particular, on the twin concepts of knowledge (section 4) and nature (section 5) in this treatise. From this vantage point, section 6 analyzes the eclectic way in which Portalis uses his philosophical godfathers Montesquieu and Rousseau, while section 7 shows why his preoccupation with the protection of established property rights can explain such eclecticism. Section 8 takes stock and submits that at least one of Portalis’ arguments presents a real challenge to Enlightenment philosophy up until the present day.
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