French system. The French number system: strange and inconvenient

Compound forms and the 20 number system

Many people are surprised that in French they use “inconvenient” and “strange” forms of numerals for counting. For example, with existing continuous forms indicating a ten after the units to indicate 11, 12 ... 16 (onze, douze ... seize), for further counting, French speakers will call the numerals “ten - seven”, “ten - eight”, “ten - nine" (17 - dix-sept, 18 - dix-huit, 19 - dix-neuf).

But the forms of numerals starting from 70 seem even more unusual. Instead of continuous forms, similar to the previous tens (30-trente, 40‑quarante, 50-cinquante, 60-soixante), in most French-speaking regions forms are used based on the 20-digit number system: 80 - quatre-vingts (4*20), 90 - quatre-vingt-dix (4*20+10) and mixed forms: 70 - soixante-dix (60+10). Let us consider both of these features of French numerals in more detail - we will identify the roots of their appearance and the features of modern use.

1. Transition from simple forms to composite ones

Why are the numbers 11 to 16 prime but become composite numbers starting with 17? The roots of this transition must be sought in the Latin language.

Units in Latin had to be placed before ten: in French it would be un-dix, deux-dix, etc. And in classical Latin there was a “compression”: quinque and decem = quindecim, sex and decem = sedecim. Hence in French onze, douze... seize. It should be noted that Latin also had subtractive forms for 18 and 19, equivalent to deux de vingt (20-2) and un de vingt (20-1).

Then the indication of ten was no longer placed in post position, but moved forward. That is, in late Latin a periphrasis with a ten at the head was used: dece et septe. These forms became mandatory for the last numbers of the ten because the subtracted forms 18 and 19 ceased to be used, as well as the other subtracted forms 28, 29, 38, 39, etc.

The Latin roots of this feature are confirmed by the fact that some other neo-Latin (modern European) languages ​​are characterized by a similar transition. Examples of names of numerals from 10 to 20 in Latin and some modern European languages ​​are presented in the table:

Based on these examples, we can distinguish 2 groups of modern European languages, in which the transition from simple to compound forms manifests itself from 15 to 16 (Spanish, Portuguese, etc.) and from 16 to 17 (French, Catalan, etc.).

2. Decimal number system

Of particular interest is the twenty-digit number system - its origin and trace in modern French. The base 20 number system (counting in twenties) is a numbering system that uses the number 20 as the number base. The origin of the 20 number system in the French language continues to be a controversial issue. Three hypotheses have been put forward. They are not mutually exclusive, but should be seen as complementary to each other.

The first hypothesis is pre-Indo-European origin

Based on the fact that the population that lived in the past with the Celts, then with the Roman peoples, influenced their manner of counting. This theory allows us to explain some of the features of the spread of counting by twenty among European languages. For example, Celtic and therefore Indo-European populations may have been influenced in the area of ​​continental Gaul, this was reflected in the use of the 20-digit counting system in Breton and Gaelic. However, this hypothesis is refuted by the fact that the places formerly occupied by the Ligurians - representatives of non-Indo-European peoples - are precisely those places where the Latin form of "ten" remained the longest. There is also evidence that the pre-Indo-European population of the Etruscans counted in tens, as in Latin.

The second hypothesis is Celtic origin

According to this theory, the Gallic tribes were considered to be twenty (the Gauls are one of the branches of the Celtic tribes). The Celts lived in the territories of Provence, Germany, Great Britain and even made their influence felt on Latin pronunciation and vocabulary. However, the hypothesis of a Gallic origin for counting in twenties is not very widespread and has limited evidence. If the Gauls had used the 20 number system for a long time, more and more would have been written about this. In addition, there were many different Gaulish tribes and therefore it is more likely that different Gauls counted differently: some in twenties, others in tens. And the Celtic tribes also did not all count as twenty, and those who did were considered a minority in regions already inhabited by other peoples.

The third hypothesis is Norman origin

Seems most likely. There were trade connections with Normandy and, therefore, Vikings of Danish origin could transfer this linguistic custom to France. Particularly interesting in this theory is that the Norman dialects, which penetrated into Great Britain with the conquerors, were already completely “Frenchized” and, therefore, used the already accepted count of ten, contrary to the traditions of their ancestors, who counted by twenty. In less than a century, the Normans lost their Danish language, although their transition to France left traces in it, but in England they had a different influence due to their Frenchization.

Overall, it can be assumed that the Norman dialects were the main influence on counting, but using an antecedent substrate. That is, the Gauls did not count everything in twenty, but some of them used two systems at the same time, adopting the twenty system from the previous population. In the absence of Latin, pre-Indo-European counting practices began to be used again in Gascony and Brittany. The introduction of Norman dialects in the 10th century allowed the spread of 20-digit counting in the Seine River basin.

So, counting by twenties is found in some sources of the 11th century. It became most widespread in the Middle Ages. In the 17th century, competition between both counting systems can be observed in the language. For example, Moliere and other authors use various forms of numerals in their works. In Moliere, Frosin in the play “The Miser” flatters Harpagon, saying about his longevity: “Par ma foi, je disais cent ans, mais vous passerez les six-vingts (6*20)"(Act II, scene 5). But the same Moliere writes in the work “The Bourgeois in the Nobility”: “Quatre mille trois cent septante— neuf(79) livres douze sous huit deniers à votre marchand" (Act III, scene 4). Six vingts (six twenties) are used by Boileau, Racine, La Bruyère, Fenelon. However, the use of counting in twenties still seems outdated in that era.

At the end of the Middle Ages, the twenty-digit system was supplanted by the decimal number system (trente, quarante, cinquante, soixante) with the exception of the twenty numbers preceding a hundred (quatre-vingts, quatre-vingt-dix), as well as the ten numbers having a mixed form (soixante-dix ). Full counting by twenties lives on in French as a memory in the name of the hospital Quinze-Vingts (15x20). This hospital was founded by Saint Louis in 1260 for the blind and was designed to accommodate three hundred people - hence the name “fifteen twenties”.

In the 17th century, the French Academy and dictionary authors adopted the forms soixante-dix, quatre-vingts, quatre-vingt-dix instead of septante, octante, nonante. However, the decimal names 70, 80 and 90 remain in use in some French-speaking regions.

Examples of the use of various forms for the numbers 70, 80, 90 in modern French are presented in the table:

Huitante is used in French Switzerland in the cantons of Vaud and Friborg, octante is almost never used anymore in the French-speaking world, with the exception of a few villages in the canton of Friborg. In the Swiss cantons de Genève, du Jura the form quatre-vingts is used.

In conclusion, we can highlight the general reasons for the peculiarities of the use of numerals - historically established traditions, features of the previous language and the influence of other languages. And also, based on the analysis, we can conclude that the features of numerals are closely related to the general history of the development of the French language. You can see traces of the extinct Latin language, as well as observe the influence of other peoples on the linguistic customs (in particular, the counting system) of the French-speaking regions, the transformation and development of the language, the synthesis of various linguistic customs in the modern language.

Androsova A.V.

Due to the stable statist tradition in France, starting with Napoleon I, two branches of justice finally emerged - ordinary and administrative.

Civil courts of first instance Grand tribunals with a collegial form of administering justice individually, as well as specialized tribunals, are considered. Grand Tribunals, of which there are 181 in the country (including 175 chambers (11 in Marseille, 10 in Lyon, 31 in Paris) and decide cases in which the services of a lawyer are required, and the amount of the claim exceeds 7,600 euros (if they are competent to resolve certain categories of cases with a smaller amount of the claim, with a claim amount of 3,800 euros and below, their decisions are not subject to appeal). They have jurisdiction over strictly certain categories of cases: for example, about marriage and divorce, about adoption, about citizenship.

Small tribunals in each of the 473 districts (of which 462 are in the metropolis), they use a simple, oral and cheap judicial procedure and have jurisdiction over cases with a claim amount of less than 7,600 euros. In addition, these courts have subject matter jurisdiction over a limited range of cases (for example, all disputes regarding the rental of residential premises, disputes regarding consumer credit, complaints regarding the compilation of electoral lists).

Another type of court - courts located in close proximity to citizens - was introduced by the organic law of February 26, 2003. in order to improve access to justice. By 2008 their number should reach 3300. In this case, legal proceedings are carried out by a single judge - and not necessarily an active one, but possibly a law professor or a magistrate or a retired notary, a former official of legal departments. They have jurisdiction over certain categories of claims with a value of less than 1,500 euros and minor criminal offenses.

Criminal justice is, as it were, combined with civil justice. Less serious offenses (such as speeding or hunting out of season) are dealt with police tribunals(i.e. by the same tribunes of minor instances), and they are punished by small fines and up to 2 months in prison. Criminal torts are subject to review correctional tribunals(i.e. by the same tribunals of the grand instance), and here sentences are imposed in the form of imprisonment for a term of not more than 10 years. In this case there is no right to a trial by jury.

Play an important role 35 courts of appeal(30 of them are in the mainland), which are the second judicial authority. In addition to several chambers for civil and criminal cases, they have an indictment chamber, which “monitors pre-trial detention, makes decisions on complaints against all orders of the investigating judge and makes decisions on transferring the case to the assize court.”

Crowns the pyramid of general civil proceedings Court of Cassation - the oldest and most authoritative judicial body in the country, headed by the first president and consisting of 6 chambers (3 for civil cases, one for commercial disputes, one for social law and one for criminal law). It consists of about 90 judges-advisers and about 40 advisors-referents (quantitative parameters change from time to time). The Prosecutor General, the Chief Advocate General and 22 Advocates General are seconded to him.

The court, due to the peculiarity of its position as the highest judicial link, is constantly faced with an overload of cases, which the authorities are trying to combat by reducing the quorum of the panel of judges accepting cases for consideration and the quorum when considering the case. At the same time, there are attempts to expand the powers of the Court in order to prevent delays in trials. “According to tradition, the Court of Cassation, having recognized the validity of the complaint, had the right only to overturn the court’s decision and send the case for a new trial to the court of first instance.” Subsequently, the Court acquired the power to make a final decision. However, neither this reform, nor the one enshrined in the 1967 law. the mandatory instructions of the plenary assembly for the court to which the case is sent for a new trial did not save the highest court and the French justice from overload, “since its causes came from outside the judicial system. Among them, it is necessary to point out the inflation of legislation, defects in the texts of laws, the increased number of paperwork drawn up without the participation of lawyers, frequent changes in the positions of the parties, the presence of a large number of intermediate authorities, etc.”

Specialized courts include primarily commercial tribunals(there are 191 of them on mainland France), and they consist of three members elected by the merchants themselves. These courts are competent to hear in the final instance commercial claims with a “price” of up to 3,800 euros.

Another category of specialized courts includes Prudhommes' advice who handle labor disputes between employees and employers. They are formed on a parity basis from elected members (two from employers and two from employees), and if necessary, to overcome equality of votes, they are joined by a judge of the minor tribunal. 271 similar bodies on the territory of mainland France, consisting of about 15,000 advisers (7,500 from employers and 7,500 from employees) elected for 5 years, make approximately 160,000 decisions annually.

In France, even under the Old Regime, the tradition of administrative justice was essentially laid down, and after the Great French Revolution, at the beginning of the 19th century, the State Council and prefectural councils acquired judicial functions. Since the 19th century the existence of special administrative law is based on the concept of a public service acting in the name of the general interest. At the same time, in recent years, the harsh opposition between administrative services and commercial activities has been abandoned, allowing that a commercial organization can provide public services or that they can be provided by a public-private partnership. Thus, the importance of administrative justice in the person of its 36 administrative tribunals, 6 administrative courts of appeal And State Council as the top of the administrative judicial pyramid.

In modern France, the special position of administrative justice is also reinforced by the nature of the form of government of the V Republic. In a situation where the structure of the executive power is limited to the president, who is not only the head of state, but the head of the executive power in the country, and at the same time when we should not talk about the separation of the functions of the president and the prime minister, but about their combination with the dominant role of the head state, the prerequisites are created for the updating of administrative management and administrative justice. It should be recognized that “in contrast to the Anglo-Saxon management model, which does not allow the administrative apparatus to be vested with legal privileges for fear of infringing on individual freedoms, ... the French fully trust the management apparatus, providing it with a number of legal privileges for the unhindered implementation of executive, administrative and control activities in the center and locally,” which presupposes the existence of administrative courts.

The constitutional justice in France is quite young, and its functions have been in force since 1958. performs Constitutional Council, which in the full sense of the word is not a court. It is formed on a parity basis by the chairmen of both houses of parliament and the President of the Republic (3 appointees each), and there are no constitutionally established qualifications for its members. It is also true that the Constitutional Council was constructed by the father of the Fifth Republic, General de Gaulle, and his supporters largely in order to limit the rights of parliament in the fight against the legacy of the previous parliamentary Third and Fourth Republics. Unlike the United States, the Constitutional Council embodies the European, centralized model of constitutional justice. Usually he considers a case based on a mandatory or optional request, the right to which is vested in the president, prime minister, chairmen of both chambers and groups of deputies.

In general, it should be emphasized that in France the judiciary is not a fully equal branch of government in relation to other branches of government. “The principle of constitutional review by the courts has never taken root here as it did in America in the early decades of the independent state. The role of the courts in protecting individual rights is a matter of debate in France, and their power to review legislation or executive orders on grounds of constitutional inconsistency is viewed with great suspicion. The courts suffered from the French Revolution, and they suffered a huge loss of power and prestige in its aftermath." Nevertheless, it does not follow from this that the French system is in some sense inferior, as some Anglo-American authors often try to convince.

France is a dynamically developing European country, part of the EU and the Schengen area. Every year the popularity and prestige of local education among foreign students, including those from the CIS, increases. The reason for this is the excellent learning conditions and job prospects in the European Union. What are the distinctive features of French education? What do foreign applicants need to enroll in local universities?

Features of the education system in France

The French education system is centralized, its policies are completely controlled by the Ministry of National Education. There are over 60,000 educational institutions at various levels in the country, up to 20% of which are private. Moreover, the total number of students is more than 15 million.

The main language of instruction is French. Some universities have developed and implemented courses for foreign students in English.

Important: teaching religion is prohibited in primary and secondary education institutions.

The French education system includes several stages

When does the school year start in France?

The length of the school year is standardized at the level of the Ministry of National Education. Throughout the country, children begin school at the beginning of September and finish at the beginning of July. Vacations are expected throughout the year:

1. Autumn, dedicated to All Saints' Day (last week of October and first week of November - 2 weeks).
2. Christmas and New Year (2 weeks).
3. Winter (2 weeks in mid-February).
4. Spring, dedicated to Easter (2 weeks in mid-April).
5. Summer (2 months - from July to September).

The structure of the educational system consists of 3 levels.

Primary education

Institutions of primary educational level - preschool educational institutions (nurseries, kindergartens) and primary schools.

Preschools

Children attend nurseries from 2 months to 2 years, and kindergartens from 2 to 5. They usually operate during the working day (7:30–18:30) or several hours a day. Extended days are also possible by agreement with management.

Children 2–5 years old in France attend kindergartens

There are no groups in the nursery; all the children are together. In kindergartens there is a division into two subgroups - up to 4 years old and from 4 to 5 years old. In the first, children play and communicate with each other, and in the second, they sing, draw and practice other creative skills, walk in the fresh air and explore the world around them.

The indigenous population does not seek to send their children to preschool institutions, since a large number of immigrant children attend them.

A child can attend a preschool educational institution only at the request of the parents.

Primary school

Primary school institutions are attended by children aged 6–11 years. The training program includes 5 classes.

Before attending primary school, children must attend additional school preparation courses at kindergartens

The first grade consists of school preparation courses taught as part of kindergarten. Here children learn writing, reading, speaking and independence. Studies in subsequent grades are carried out within the walls of primary schools. The curriculum includes disciplines such as mathematics, speech, writing, ethics, drawing, and communication.

Gifted children, with the guidance of teachers, can be transferred to high school.

Every child in France must attend primary school.

Video: French primary education system

Secondary (school) education

Secondary educational institutions - colleges and lyceums. At the same time, the numbering of classes here is reversed (from 6th to 1st grade + graduation).

Colleges

Colleges - junior high schools. Children aged 11–15 years study here (a total of 4 years of study: grades 6–3). The educational process is divided into cycles:

1. Adaptation (6th grade). Children from primary schools are admitted here without entrance examinations. The program is aimed at consolidating and systematizing previously acquired knowledge. It includes one foreign language of the student’s choice.
2. Basic (grades 5–4). The main goal is to deepen existing skills and knowledge, as well as select the most suitable area of ​​study at the lyceum. Natural sciences and several foreign languages ​​are added to the basic academic disciplines.
3. Professional (3rd grade). There is specialization in one of the areas - general, professional, technical. At the end of the cycle, a national exam is taken.

Studying at colleges is compulsory. Upon completion of these institutions, certificates of completion of incomplete secondary education are issued.

Lyceums

Lyceum is a senior secondary school where children aged 15–18 study (3 grades in general) and take exams upon completion of their studies. Lyceums are divided into general, technological and professional (analogous to Russian vocational schools). Professional ones conduct entrance tests for applicants, while other types of institutions require registration.

Lyceum graduates receive diplomas with which they can enter universities

Based on the results of final exams in general and technological lyceums, diplomas of completion of a general and technological bachelor's degree, respectively, are issued, which are necessary for admission to a university. In professional ones, the training cycle is shortened to two years, and upon completion, a certificate of professional suitability is issued, which is necessary for further work at the enterprise.

Higher education

Institutions of higher education in France are high schools, universities and institutes of technology. The majority of universities are public, but there are also private ones.

Applicants, as a rule, undergo entrance tests - exams and interviews.

The structure of the educational process in universities includes 4 stages of training

All higher education institutions have been participating in the Bologna Process since 2002. The old training system was abolished, and the current one includes the following stages:

1. Bachelor's degree. 3 years of study. Depending on the specialization, a DEUG or DEUST diploma is issued, confirming academic or scientific and technical education. With DEUST, graduates can get jobs as managers.
2. Master's degree. 2–3 years of study depending on the specialty. After the first year of study, a licentiate degree is awarded, the second - a master's degree, and after the third - an engineer's degree.
3. Additional cycle of postgraduate education. 1 year of study. Admission is based on the results of the interview. Upon completion, a diploma of special or research education is issued, which is necessary for further admission to doctoral studies.
4. Doctoral studies. 3–4 years of study. For admission, an interview is conducted with the applicant. At the end of the training, the doctoral candidate must write and defend a dissertation before the National Commission, after which a doctoral degree diploma is issued.

After almost every year of study, exams are held, and students are given national diplomas that correspond to one or another stage of study at a particular university. This feature of the educational system makes it somewhat difficult to understand educational documents.

Video: a brief analysis of the French education scheme

How much does training cost, is it possible for foreigners to study for free?

All French preschool educational institutions are paid. The cost depends on the number of hours of monthly visit and the total family income. As a rule, parents pay 200–300 € every month for one child.

Studying in schools and secondary education institutions is free. However, at the will of the parents, the child can attend private institutions. The cost of training in them starts from 1000 € per month.

Studying at public universities is free, since the Ministry of Education subsidizes them. However, students must pay a nominal fee of about 185 € per year of study for a bachelor's degree, 250 for a master's degree, 400 for a doctorate. Private universities charge fees of around 2,000–10,000 € per year.

Students from the CIS countries have the right to receive education free of charge on an equal basis with native residents.

Table: the most famous French universities

Photo gallery: French higher education institutions

Sorbonne is the largest and oldest university in France The University of Strasbourg is ranked 87th in the Academic Ranking of World Universities The University of Montpellier is the sixth largest university in France Aix-Marseille University is included in the TOP 100 best universities in the world according to Reuters The main areas of training at the University of Lille are law, natural sciences, medicine and pharmacy

How to enter a French university for Russians, Ukrainians, Belarusians and Kazakhstanis

The main requirement for admission to French universities is a bachelor's certificate with an average score above the passing grade. Graduates of Russian schools do not receive such certificates, so they must study at one of the Russian universities for at least a year. But for university graduates who have completed a bachelor's or master's degree, it will be easier. Nevertheless, the management of most French universities offers foreigners, before enrolling, to take 1-2-year preparation courses for studying, after which they take a language exam. Courses can be taken both in your home country and in France.

First, the applicant needs to decide on the university to enroll in. The French state agency Campus France provides assistance in matters of obtaining higher education. To undergo training lasting more than 3 months, you must register on the agency’s website, create an application form and apply for a long-term student visa. Entrance tests are held in winter.

Citizens of the Russian Federation can submit documents for admission online. Along with your application form in the system, you need to upload scanned copies of your birth certificate, international passport, certificate or diploma of education, and transcripts. Documents must be accompanied by a translation into French. In addition, the applicant must write a motivation letter by hand. After this, the Campus France representative sets a date for the interview.

Video: admission to French universities

Scholarships and grants for foreign students

Foreign students are not always given the opportunity to study at a French university for free. They often apply for scholarships and grants, which can be allocated for short-term or long-term study.

Scholarship - monthly financial assistance. Scholarships are provided by the French government, the European Commission, local universities, and the President of the Russian Federation. Information about current programs is presented on the CampusFrance portal at the link.

Grant is a one-time payment of funds to cover full or partial cost of training. As a rule, they are allocated to conduct certain scientific research. You can find a suitable program on the CampusFrance agency website in the “Finance your programm” section.

Scholarships and grants may be received before or during your studies. Moreover, each program has its own individual application procedure for participation.

Video: story about entering the Sorbonne (Paris)

How do students live?

Formally, each student has the right to live in a student dormitory, where he is allocated a separate room. However, not everyone gets a place in them. First, low-income local students are provided with housing, then scholarship holders and participants in international exchange programs. At the same time, the monthly fee at a public university will be 100–350 € per month, and at a private university - from 250. All student dormitories do not belong to universities, but to the center for student accommodation (CROUS).

Students often rent apartments for several people and each pay for their own separate room. The rental price in this case starts from 300 €.

Another affordable way is to live with a French family. This option is most suitable for students planning short-term study. The cost of living is usually 150–300 €.

Every student can get a room in a dormitory

How to get a visa

France is an EU country that is part of the Schengen area. To go there to enroll and study, citizens of the Russian Federation must first obtain a visa. There are two types of study visas - short-term (for a stay of no more than 90 days in a row, for example, for the purpose of passing entrance examinations) and long-term (more than 90 days).

To obtain a visa, you must contact one of the French consulates in the Russian Federation. They are available in Moscow, St. Petersburg, Yekaterinburg. The applicant must first prepare the following documents:

• completed and signed application form,
• passport for traveling abroad,
• 2 photos,
• medical insurance policy for traveling abroad,
• a copy of all pages of the internal passport or birth certificate,
• confirmation of financial solvency,
• an invitation from an educational institution or a certificate of enrollment in a course,
• proof of residence in France.

To study in France you must first obtain a visa.

Applicants wishing to apply for a long-term visa are required to have a personal conversation with the consul.

Detailed conditions for obtaining French study visas are set out on the official website of the French Embassy in the sections relating to long-term and short-term Schengen visas.

Additional courses and work while studying

During their studies, students can, if they wish, attend additional courses by prior agreement with the faculty leadership. There is usually a separate fee for this.

French legislation provides for the possibility of part-time work for students. You must first obtain special permission from the local administration. During the year, no more than 844 hours of work are allowed (per week - a maximum of 19 hours, and during the holidays - 40).

French students have the right to work part-time while studying

Diplomas from local universities are valued in all EU countries, so graduates can get a well-paid job after graduation and stay in Europe. However, employers in France give greater preference in employment to graduates of special higher schools, where study is paid. This is due to the fact that employers do not trust free education, despite its highest quality.

Final table: advantages and disadvantages of the French educational system

Legal historians often believe that the development of the French system of royal justice lagged behind the English one by almost a century. They point out that in England the central royal court appeared in the 1170s, while in France the central royal court, the Parliament of Paris, was created only in the 1250s. This, however, is like comparing apples and oranges. The Parlament of Paris was primarily a court of appeal, hearing appeals from cases decided in the first instance either by the subordinate royal courts of provosts and bailiffs, or by the subordinate courts of dukes, counts and other feudal lords. In contrast, English royal judges, both traveling and Westminster, usually

but considered cases as a first instance on the basis of the original initial order. Therefore, it is necessary to compare the English royal jurisdiction of the 12th century. with the jurisdiction in the same period of dukes and counts in individual French duchies and counties: Burgundy, Mene, Toulouse - as well as the jurisdiction of the king in the royal domain (in France, the term "county" referred to the political entity governed by the count, and not to the English type of county, or "shire"). One should also compare the English royal jurisdiction with the French system of royal judges - the baili, created by Philip II in 1190. The main difference was that the baili were neither traveling nor central judges, but acted in individual districts. The Parliament of Paris under Louis IX, on the other hand, did something that the English central royal court did not do: it regularly heard appeals. This difference is overlooked by those who believe that development in England was "early" and that in France "lagered."

If we compare the centralized justice in England with the centralized justice not in France as a whole, but in any large French duchy, then in the 12th century a remarkable similarity is discovered between them. Normandy is a clear example, for here in the 12th century the trial of major civil cases by ducal judges was essentially similar to the trial of similar cases by royal judges in England, with the Norman duke corresponding to the English king. At this time there was no system of appeals from decisions in such cases either in Normandy or in England. Only a century later, when the French king Louis was ruler of Normandy, the decisions of cases tried by the central ducal court of Normandy could be appealed to the new central royal court in Paris.

In creating a hierarchical system of courts with an orderly procedure for appealing from the decisions of the courts of the provosts to the courts of the bailiffs and from the decisions of the latter, as well as the courts of dukes, counts and other feudal lords to the central royal court in Paris, the French state was significantly “ahead” rather than “behind” the English .

Of course, it would have been completely impossible for the English kings to attempt to establish a system of appeals, since, according to the procedure of the English royal courts, such appeals had to be made from the verdicts of the jury, which were the yes or no answers to questions posed by the royal courts of fact or question. combination of facts and law, taking into account previously collected information. The closest institution to appeal created in English law was the "attaint" procedure, applied only in civil cases, according to which a "grand assize" of 24 people was convened to review the verdict of the previous jury. If the previous verdict was found false, the injured party was restored to all that he had lost by it, and the original jury were subject to confiscation of property, they themselves were imprisoned, their wives and children were driven out into the streets, houses were destroyed, garden trees were destroyed, meadows were plowed up.

The French civil and criminal justice system initially, i.e. in the 12th and early 13th centuries, was not so different from English.

Not in the central royal courts, of course, but in the central ducal and county courts and in the local royal courts of provosts and bailiffs, judges presided over lay members of the court. The decision of the court was not made by the presiding officer, and not by the professional members of the court (suitors). This division of the court into a presiding officer and lay judges went back in time, like the English jury, to the French institution of investigation by jury. The reliance on villagers to litigate cases was reinforced by the legislation of Philip Augustus, which created the baili courts. To determine local customs, the institution of “popular inquiry” (enquete par turboe) was also invented: for this purpose, 12 people were convened, and their representative stated their general opinion.

The French system experienced dramatic changes in the second half of the 12th century. and later. As John ShDawson has shown, French litigation has become more professional and sophisticated. Professionally trained lawyers appeared not only at the appellate level, but also in the courts of provosts and bailiffs, as well as dukes and counts, and even lower-ranking feudal lords. In the XIV-XV centuries. sometimes not only the Parliament of Paris, but also judges in lower courts during the trial used a written procedure similar to that established by canon law: the parties exchanged written statements of claims and objections, written records of interrogations and secret testimony of witnesses under oath were used, the court's decision was stated in writing form indicating the established facts and justifying the court's conclusions. The parties asked each other questions. The decisions of the persons conducting the investigation were recorded. There were a huge number of formalities. Appeals citing errors in the extensive records were sent from lower courts to higher ones, all the way to the Parliament of Paris. As Dawson notes, the lay members of the lower courts gradually withdrew, "embarrassed and confused by the increasingly complex procedure."^ The official official component came to dominate the popular component, although the enquete par turboe remained.

From the point of view of later developments of law, one might think that the earlier borrowing of procedures from canon law by the French kings and their creation of a hierarchical appellate system topped by a central royal court in Paris had a negative impact on the subsequent history of French law and that the early borrowing by the English kings of the jury system from Frankish tradition had a beneficial effect on the subsequent history of English law. However, given the conditions of the 12th and 13th centuries, the French system of courts and judicial process had significant advantages over the then English system in terms of both its fairness for litigants and the role of royal power as an ordering factor in society.

From the point of view of fairness to litigants, the French judicial procedure, like the procedure of the ecclesiastical courts, was intended to identify all the facts and disputed points of the case, while the English procedure aimed at reducing the facts and issues to the narrowest possible scope.

posing a question or questions. The English system of trial and jury verdicts was only suitable for certain types of cases. It was this deficiency, more than anything else, that forced the English chancellor to establish, at the end of the 14th and 15th centuries, a jurisdiction based on equity to protect the poor and weak, to introduce legal formalization of trust relationships and to create a mechanism of writs and other methods aimed at exonerating liability. (as opposed to monetary damages at common law). The English chancellor, almost invariably a high-ranking ecclesiastical official, followed the canon law procedure, which was also the French royal procedure, of summoning witnesses under penalty of fine and examining them under oath.

From the point of view of the task of regulating social relations, it is fair to conclude that the French system of royal law could not be as effective in France as the English system of royal law was in England, partly because the French king had to rule four or five times as large a population, than in England, which was dispersed in much more actively competing political entities. The larger question is whether the system of king's law developed during the 12th and 13th centuries by the French kings was well suited to maximize their ability to prevent disorder in society, or whether it was more prudent for them to create a system of king's law more similar to the English one. Philip Augustus modeled his baili system partly on the model of English sheriffs and traveling judges, but under Louis IX the development of the appellate jurisdiction of the Parisian parliament and the associated complex and elaborate written procedure ultimately reduced the role of public participation and led to the emergence of a special class of learned jurists, over time, moving away from the population and becoming more and more corrupt.

But even here it is impossible to evaluate what was done under Louis IX by the standards of what happened under Louis XIV. As for the 12th and 13th centuries, it seems correct to conclude that the system of royal law that prevailed in France, compared with that in England, was a highly effective instrument for the king to regulate the economic and social life of the country, and if it was less effective in the fight against crime, this was apparently explained by the fact that jurisdiction in criminal matters in France was less centralized than in England, more in the hands of dukes, counts and other feudal lords, as well as urban communities, which was not necessarily a negative thing.

The effectiveness of French royal law in the 13th century rested on its subtle combination of local customs and legal scholarship and its developed procedure for using legal knowledge in the interpretation of local customs. The application of legal procedure and legal scientific training to local customs created a body of French customary law that acted as a powerful unifying and educational force.

By "local customs" we mean the various customs of the diverse localities, cities and estates, counties, feudal domains, duchies and other political entities that made up France. There were relatively few customs of France as a country as a whole, such as those relating to the central government regarding the succession to the crown, as well as general local customs such as limiting the rights of a husband to dispose of his wife's property during their married life. Despite the growing number of establissements and ordonnances there was also little substantive statutory law in France as a whole; French statutory law was largely procedural. However, the fact that in the royal courts of France cases were most often decided on the basis of local custom does not mean that the royal courts played no role in shaping this custom. On the contrary, the royal courts, including the Parliament of Paris, and sometimes the king himself, did not recognize any “bad” customs and accepted only “reasonable” ones. Here they exercised the power to interpret customs to bring them into conformity with reason. Thus, one can speak of the general customary law of France as a whole, consisting of various customs in force in different places, and interpreted and shaped by the royal courts.

To say that France was governed by common customary law is not to deny that very many French lawyers and judges were educated on Roman law. This does not mean denying that in some areas of France, especially in the south, Roman law has been preserved to a certain extent since pre-Merovingian times. But there were two different types of Roman law. The first type - that of Roman law that lawyers and judges studied - was the law of Justinian's texts, re-arranged, re-interpreted and re-evaluated by learned jurists in universities (including the University of Montpellier, founded in the 12th century, and the University of Orleans, founded in the 13th century. ).

Roman university law was ideal law, not legislated codes, statutes or other forms of positive law. It was a set of legal concepts and principles with the help of which existing norms of customary and legislative law could be selected and interpreted. The second type of Roman law, which survived, especially in Southern France, from pre-Merovingian times, consisted of scattered Roman legal concepts, rules and procedures that survived in the popular consciousness for centuries, some of which were included in subsequent Germanic codifications (for example, Visigothic and Lombard). and in decrees and other acts of rulers. This “vulgar Roman law,” as it is often called, itself became common law. The Roman law studied in universities, on the contrary, was not so much law in the sense of generally binding norms, but rather law in the sense of methods of legal argumentation.

Roman law, studied in universities, was especially useful in determining which customs were "sound" and which "bad." The canon law of the church provided important guidance in this regard. It was canon law that first began to preach the need to distinguish reasonable customs from unreasonable ones. Canon law even preached the need to distinguish between what is acceptable,

and what is unacceptable in Roman law itself. The canonical principles of interpretation of customs were usually used as criteria for evaluating Roman legal norms and concepts.

In the French royal courts of the 13th century. the existence of a custom could be proven in a variety of ways at the discretion of the judge. The judge could claim that he personally knew the custom, since he himself had applied it in some previous similar case, called “precedent” 73. He could have consulted lay advisers who assisted him in court. He could call a group of people who knew the custom: a group of clergy to establish the custom of the city, a group of sailors to establish the custom of the port. Finally, under the enquete par turboe procedure, the judge could call together 12 knowledgeable people and ask them to report, through their representative, their opinion on the existence of a particular custom or customs.

In the 13th century the king himself sometimes intervened as a spokesman for the "common good of all" (bien commun de tous), presiding over a discussion of experts about a controversial custom and announcing or putting down on paper his conclusion. In the words of the 13th-century French jurist Philippe de Beaumanoir, “a king must respect the customs of his state and see that others respect them.” An unreasonable custom must be “discarded.” At the same time, however, the king could grant "privileges" to certain individuals or groups who were contrary to customs and exempted from obedience to them on the basis of equity, i.e. as an exception. Thus, the king granted privileges “contrary to general custom” to some churches, cities, guilds, crusaders and other social entities.

Finally, if a custom was unsatisfactory, not merely as applied to a particular person or group to whom a just exception should be made, but more generally so that it needed to be changed, the king could issue a new statute or writ revising the custom . The theory of Sir Henry Maine, according to which there is a movement in the history of law in the direction from equity to legislation, finds confirmation in medieval French practice, which itself was derived from the theory of the canonists, which sanctioned the change of custom on the basis of equity and the generalization of the latter by statute.

In fact, however, in France there were relatively few new statutes or regulations that changed old customs, and very few privileges that granted exceptions to old customs. Customs found unsatisfactory by the royal courts were, for the most part, either rejected as “bad” or reinterpreted to make them “reasonable.” In fact, the norm of reason and conscience was built into common law.

Thus, French royal law of the 13th century. was, on the one hand, much more connected with science than English royal law, in the sense that in the French system there were many more learned judges and lawyers 76, but the influence of royal statutes on it was less. On the other hand, it was more diverse in the sense that there was no significant body of uniform customs applicable throughout France, but there was a large body

"common law" in the sense of the general body of procedures and principles applied by the royal courts throughout the many political entities that made up the French kingdom.

French system

Polonso system.

(Terms of Russian architectural heritage. Pluzhnikov V.I., 1995)

Dictionary of Architectural Terms.. EdwART. 2011.

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