Revolutionary Justice

Revolutionary justice during the French Revolution was characterized by significant legal and procedural transformations initiated by various political bodies, including the National Assembly and the Committee of Public Safety. Following the storming of the Bastille on 14 July 1789, the revolutionary government sought to dismantle the existing judicial framework, which was perceived as an instrument of monarchical oppression.

One of the early measures was the abolition of feudal privileges on 4 August 1789, leading to the dismantling of the manorial courts and the elimination of venal judgeships (positions bought and sold rather than earned). This change aimed to establish a system based on equality before the law. Subsequently, on 26 August 1789, the Declaration of the Rights of Man and of the Citizen proclaimed that citizens were to be judged solely by the law, which was to be uniformly applied.

The efforts to centralize judicial power saw the establishment of new legal institutions. The Law of 16 and 24 August 1790 restructured the French judiciary, creating a network of lower courts, appellate courts, and a Court of Cassation (which functioned as the highest court of appeal). Judges were elected by active citizens, reflecting revolutionary ideals of democracy and participation.

The establishment of the Revolutionary Tribunal on 10 March 1793 marked a significant turn in revolutionary justice. This tribunal was responsible for prosecuting counter-revolutionary actions and became notorious during the Reign of Terror (1793–1794). Operating under the Committee of Public Safety, the tribunal expedited trials, often resulting in summary executions by the guillotine. The tribunal's actions were intended to protect the revolution from internal and external enemies; however, it frequently employed highly discretionary and arbitrary methods, leading to widespread fear and repression.

An important legislative development in revolutionary justice was the Law of 22 Prairial Year II (10 June 1794). This law, passed during the height of the Reign of Terror, simplified and expedited the trial process. It allowed for the conviction of suspects without hearing witnesses and limited the defense's ability to present counter-evidence. The law effectively increased the number of executions and widened the scope of what constituted counter-revolutionary activity.

Revolutionary justice was not only judicial but also executive in nature. The Law of Suspects (17 September 1793) expanded the definition of political crimes and authorized the arrest of 'enemies of the revolution' based on a broad range of activities and associations. Neighbourhood watch committees, known as Surveillance Committees, played a role in identifying and detaining suspects, contributing to the pervasive atmosphere of suspicion.

Over time, revolutionary justice faced backlash and criticism. The fall of key revolutionary figures like Maximilien Robespierre on 27 July 1794 (9 Thermidor Year II) signified a reaction against the arbitrary and oppressive measures that had characterized the Reign of Terror. Subsequent governments moved towards a more moderated approach, reducing the powers of the Revolutionary Tribunal and restoring some legal processes.

In summary, revolutionary justice in the French Revolution involved the radical reformation of the judicial system to align with revolutionary ideals, as well as the implementation of severe measures during periods of political strife. These changes fundamentally altered the French judicial landscape, setting precedents for future legal developments in the republic.

• The Revolutionary Tribunal (established in March 1793) was notorious for its rapid trials, often concluding in sentences of death or imprisonment; this struck fear into both revolutionaries and royalists alike.
• In contrast to the centuries-long practice of defining justice in terms of social class (where nobles received lighter sentences), the Revolutionary justice system aimed for equality, but it often resulted in chaotic and violent outcomes.
• The Guilloine (the infamous execution device) became a symbol of Revolutionary justice, with its use peaking during the Reign of Terror (which lasted from September 1793 to July 1794), where thousands faced execution, including prominent leaders like Georges Danton.
• Interestingly, the notorious
• trials started to fade after the fall of Maximilien Robespierre on 28 July 1794, marking a shift away from extremist judicial measures as the new government sought stability.
• While the motto of the Revolution was 'Liberté, égalité, fraternité' (Liberty, equality, brotherhood), the reality of Revolutionary justice led to widespread suspicions and a culture of denunciation where any citizen could accuse their neighbor of counter-revolutionary activity.