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1

La réforme de l’administration en France – entre méthode et enjeux

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Mengès-Le Pape C.

Rocznik Administracji Publicznej

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2016

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vol. 2

PL

Administrative Reforms in France: the Methods and ChallengesIn France, the notion of an administrative reform has kept returning since the Enlightenment. The French administration assumed its modern guise after the 1789 in response to the more or less excessive criticism of the shortcomings of the Ancien Régime. Following the Napoleonian maxim, those ”granite boulders” were thrown onto French soil of institutions that would weather the storms of history and be an example to follow. Their creators were inspired by both tradition and the need of innovation, or bureaucratic excess to be exact, which, however, entailed the risk of diluting the obligations and responsibilities. Still, the 20th century saw a reform-minded movement yet again, motivated by the same criticism, the same plan which regardless of the passage of time was guided by the desire to make sure that the solutions were reasonable, efficient and cost-effective. It should be noted here that such attempts were particularly urgently made in the times of financial crises, and each time somewhere at the back was a spectre of the state transformed in a way that made it serve private interests. With so many reformist attempts well deserving exploration, questions arise concerning the methods and the price: how and why should administration be reformed?

2

Entre justice et administration : la cour des aides de Montauban contre l’intendant lors des crises de l’Ancien Régime français

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Mengès-Le Pape C.

Miscellanea Historico-Iuridica

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2023

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vol. 22

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issue 1

41-57

EN

The relations between the sovereign courts and the intendants contain a tormented and unsuccessful history, marked since the Grand Siècle by the difficult passage from the traditional jurisdictional management of the kingdom, considered inefficient, to an organisation that supports the triumph of the absolute and administrative monarchy. In these southern lands of the kingdom of France, torn apart by the Protestant reformation and the wars, the institutional upheaval which prepared the modern state and the Napoleonic granite masses, was carried out through strong embarrassments which opposed the intendant of the generality to the court of aids in Montauban. As soon as they were created, the magistrates of the jurisdictional company multiplied the manoeuvres against the intendant to safeguard their contentious attributions and the control of the municipal funds. Their particularistic actions were denounced by the intendant, who was there to make the king present everywhere in the kingdom and was zealous in his service. Since then, all the elements were in place for the outbreak of a noisy quarrel – the lawsuit against the intendant Gaspard Lescalopier – which worried the government at the turn of the reign of Louis XV, in the middle of the tax war in 1749, when King Louis XV, whom the subjects looked upon as a charming prince, became „Louis the Unloved”. These tumults prevented the modernisation of the French monarchy and led to the troubles of the Revolution.

3

Vers l’encyclopédisme: l’édition des répertoires juridiques à fin de l’Ancien Régime français

100%

Mengès-Le Pape C.

Krakowskie Studia z Historii Państwa i Prawa

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2014

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vol. 7

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issue 3

PL

Toward the Encyclopedism: Registers of Legal Cases Derived from the Declining Era of the French Ancien RégimeThe men of the Enlightenment embarked upon a big project of publishing legal work of encyclopedic and popularizing nature. It was in one of such works the Repertoire, that Joseph-Nicolas Guyot explained twofold reason of the publication. His book was planned to be above all a kind of compendium of judicial decisions that was designed to arouse interest of the judges of all courts and practitioners, those who wished to learn of their duties and rights as well as those who wanted to have their share in the reforming of the judiciary that was being prepared by the doctrine. According to Guyot, his work intended also to educate the parties involved in the court proceedings. In the foreword Guyot wrote: The dispute comes to being as a result of ignorance of law and it frequently causes the ruin of the family that institutes an unfair trial. The articles printed in some dictionaries and registers of cases were characterized by new methods of obtaining information. Thanks to the commentaries found there in the old collections of judgments, often limited to simple publication of judicial decisions, drifted to the foreground. It was in the spirit of Enlightenment that legal definitions were equipped with a wide description which compiled variety of information. And since it was suitable to drop ignorance and legal diversity that permeated the Kingdom, the publications of the time compiled definitions, facts and quotations extracted from the works of the most eminent advocates. Such method was also close to that followed by Joseph-Nicolas Guyot. In the terminology that he exploits there may be perceived the influence of great parliamentarians of the century, particularly that of Montesquieu. There was an attempt made to provide each entry with clear and precise explanations, those that corresponded with the spirit of royal decrees and the sources derived from the most pure doctrine. In the registers of the decline of Ancien Regime there could be found the progressive image of history, saturated with the novelties and the idea of progress. But this was not tantamount to the dropping of the experience of the past. Thanks to the encyclopedic publications the historicity of law was coupled with the practical objective of these works. The progress could mean only the improvement of law.

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1 Krakowskie Studia z Historii Państwa i Prawa

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3 Mengès-Le Pape C.

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La réforme de l’administration en France – entre méthode et enjeux

Entre justice et administration : la cour des aides de Montauban contre l’intendant lors des crises de l’Ancien Régime français

Vers l’encyclopédisme: l’édition des répertoires juridiques à fin de l’Ancien Régime français