RAZVITAK FRANCUSKE ADVOKATURE U XIX VEKU

Milica Marinković
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Abstract

The paper is dedicated to the development of advocacy in France throughout history, and special attention is paid to the struggle of lawyers to repair the damage caused to their position by the Bourgeois Revolution. The goals of the legal struggle were fully achieved in the period of the Third Republic, rightly called the "Republic of Lawyers", when they took over the legislative and executive power. French lawyers, especially in the 19th century, were often real political dissidents. With their work as a politival opposition, they redefined the relationship between the state and society and set a clear border of state power, all of which enabled the easier emergence of a liberal constitutional monarchy, and then a republic. Due to the constant opposition activities in the courtroom, the lawyers demonstrated in the best possible way how closely law and politics stand in each state. In the introductory chapter of the paper, the author gives an overview of the historical development of advocacy from the Frankish period to the Revolution itself. During the Old Regime, lawyers enjoyed the status of "secular clergy" and, although members of the Third Class, were an unavoidable political factor in absolutist France. The second chapter contains an analysis of the devastating impact of the Revolution on the legal profession and timid attempts to improve the position of the legal profession with the advent of the Restoration. The third chapter provides an overview of the period from 1830 to 1870, which was characterized by the increasingly serious interference of lawyers in politics in order to fight for the advancement of the profession. The chapter on the Third Republic talks about the successful outcome of the lawyer's fight for their own rights, and the final chapter talks about the tendencies in the French legal profession in the 20th century.
这篇论文致力于法国历史上的辩护发展,并特别关注律师为修复资产阶级革命对其地位造成的损害而进行的斗争。法律斗争的目标在第三共和国时期,当他们接管了立法权和行政权时,充分实现了,这一时期被正确地称为“律师共和国”。尤其是在19世纪,法国律师往往是真正的政治异见者。通过作为政治反对派的工作,他们重新定义了国家与社会之间的关系,并为国家权力设定了明确的边界,所有这些都使自由君主立宪制和共和国的出现变得更加容易。由于法庭上不断的反对活动,律师们以最好的方式展示了每个州的法律和政治是多么紧密地站在一起。在论文的导论部分,作者概述了从法兰克时期到大革命时期倡导的历史发展。在旧政权时期,律师享有“世俗神职人员”的地位,虽然属于第三阶级,但在专制的法国是一个不可避免的政治因素。第二章分析了大革命对法律职业的破坏性影响,以及随着复辟的到来,试图改善法律职业地位的胆怯尝试。第三章概述了从1830年到1870年的时期,这一时期的特点是律师为了争取职业的进步而日益严重地干涉政治。第三共和国一章讨论了律师争取自身权利的成功结果,最后一章讨论了20世纪法国法律界的发展趋势。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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