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Chapter 4 - The prévôtal court

Published online by Cambridge University Press:  05 November 2011

Iain A. Cameron
Affiliation:
University of Sydney
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Summary

The reputation of ancien régime criminal justice has never recovered from the Calas Affair. The subsequent victory of Voltaire and Beccaria seemed like the triumph of good over evil, the recognition of the rights of the individual in the face of a system which resorted to the most diaphanous of hearsay evidence, an inquisitorial procedure designed to produce a conviction, the threat of perjury charges to dissuade witnesses from changing their minds, torture, and a dreadful execution. It is easy, however, to overdramatise the clash between the ‘enlightened’ principles of our own day and the barbarism of a benighted ancien régime. Both then and now, courts have had the double function of ascertaining the guilt or innocence of an accused, and of helping to maintain law and order in society at large. Both then and now, a balance has had to be established between the protection of the individual suspect and the protection of society as a whole. The operations of the prévôtal court will therefore have to be measured against two standards. In so far as it can be assessed from the transcript of the trials – the same evidence, after all, which was before the court – how fair and reasonable were the decisions of prévôtal magistrates? And in what ways, and how effectively, did prévôtal justice contribute to the defence of law, order and public security?

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Publisher: Cambridge University Press
Print publication year: 1981

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  • The prévôtal court
  • Iain A. Cameron, University of Sydney
  • Book: Crime and Repression in the Auvergne and the Guyenne, 1720-1790
  • Online publication: 05 November 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511896163.007
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  • The prévôtal court
  • Iain A. Cameron, University of Sydney
  • Book: Crime and Repression in the Auvergne and the Guyenne, 1720-1790
  • Online publication: 05 November 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511896163.007
Available formats
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To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • The prévôtal court
  • Iain A. Cameron, University of Sydney
  • Book: Crime and Repression in the Auvergne and the Guyenne, 1720-1790
  • Online publication: 05 November 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511896163.007
Available formats
×