Inequality Before the Law

Legal inequality was a significant grievance leading up to and continuing through the French Revolution. Prior to 1789, French society was structured into three estates: the First Estate (clergy), the Second Estate (nobility), and the Third Estate (commoners). The law treated these groups disparately, granting privileges to the clergy and nobility while imposing burdens on the commoners.

The clergy and nobility were exempt from many taxes, such as the taille (a land tax) and the gabelle (a tax on salt). Conversely, the commoners, who were already less wealthy, bore the brunt of fiscal responsibilities. This financial disparity was compounded by the unequal distribution of political power; the Estates-General (a legislative body) allowed each estate only one vote, despite the Third Estate representing the vast majority of the population. As the votes often aligned along estate lines, the clergy and nobility could outvote the commoners, perpetuating systemic inequities.

Legally, the nobility benefitted from feudal privileges, including exclusive rights to hunt on common land, levy tolls on roads and bridges, and hold certain offices. Additionally, they could be tried in special courts, affording them protections not available to commoners. This led to widespread resentment among the Third Estate, who faced harsher punishments for crimes and had fewer opportunities for justice.

The Enlightenment further fueled dissatisfaction with legal inequalities, promoting ideas of natural rights and the rule of law. Philosophers like Montesquieu and Rousseau criticized the arbitrary nature of laws that favored certain social classes. Their works circulated widely, inspiring calls for reform.

During the Revolution, the National Assembly (formed on 17 June 1789) aimed to address these disparities. The Declaration of the Rights of Man and of the Citizen (adopted on 26 August 1789) asserted that "all men are born and remain free and equal in rights." This document sought to abolish legal privileges based on birth or estate, advocating for equal justice under law.

Despite these efforts, achieving true legal equality proved challenging. Institutional biases and resistance from those accustomed to their privileges hindered immediate progress. Nonetheless, the principle of equality before the law became a cornerstone of revolutionary ideals and influenced subsequent legal frameworks in France and beyond.

• The principle of equality before the law was a cornerstone of the Declaration of the Rights of Man and of the Citizen (adopted on 26 August 1789), which stated that all men are equal in the eyes of the law; this was revolutionary, as it challenged the feudal system that favored the nobility.
• Before the French Revolution, the legal system was steeped in privilege, with commoners subjected to harsher penalties than the aristocracy for the same crimes; this disparity led to widespread discontent and calls for reform.
• The Revolutionaries sought to abolish the parlements (regional sovereign courts) that had perpetuated social inequalities through the maintenance of feudal privileges; their ultimate goal was a unified legal system applicable to all citizens, regardless of status.
• During the Revolutionary period, the judicial system underwent dramatic changes, including the establishment of jury trials; this marked a significant shift from the previous practice where judges had extensive control over legal proceedings, often swayed by their own class interests.
• Despite the Revolutionary ideals of equality, disparities persisted, particularly as the Revolution evolved; powerful figures like Robespierre constructed new forms of hierarchy under the guise of revolutionary virtue, thus complicating the notion of equality before the law.