Legal Historical Researches of Political Trials: in particular the King's Trial under the French Revolution
| Project/Area Number |
17530008
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Fundamental law
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| Research Institution | Nagoya University |
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Principal Investigator |
ISHII Mitsuki Nagoya University, Graduate School of Law, Professor (60176146)
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| Project Period (FY) |
2005 – 2007
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| Project Status |
Completed (Fiscal Year 2007)
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| Budget Amount *help |
¥2,980,000 (Direct Cost: ¥2,800,000、Indirect Cost: ¥180,000)
Fiscal Year 2007: ¥780,000 (Direct Cost: ¥600,000、Indirect Cost: ¥180,000)
Fiscal Year 2006: ¥1,000,000 (Direct Cost: ¥1,000,000)
Fiscal Year 2005: ¥1,200,000 (Direct Cost: ¥1,200,000)
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| Keywords | French Revolution / Political Trial / Louis XVI / Legal History / 国王裁判 |
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| Research Abstract |
Until now, legal historians were not so interested in the theme of the trial of Louis XVI, partly and probably, because of its distinctively political feature, that is, the kings trial under the French Revolution is one of the most typical "political trials". But we think that to study the legal aspects of this so-called "political" trial sheds light on the principles of the modern criminal procedures In reality were them several questions of legal procedure to be abed: for example, whether the former king Louis would be tried by a regular court, or whether extraordinary charges and the person of the offender might warrant a special tribunal It was decided that trial be by the National Convention (the National Assembly) rather than by the ordinary court because the Convention represented the people sovereign. From a legal point of view, the document of the kings defense attorneys is naturally very important and interesting. They challenged the extraordinary character of the trial and the absence of regular procedure, observing that the Convention was acting as both prosecutor and jury. But the idea of inviolability and the personal guilt of Louis was sub merged by the political need to discredit the monarchy in finer of new republic. Beginning on 15 January 1793, three and one additional questions were put to a roll call of the Convention. We put this information into tabular format, that is, make up a list of the results of voting of 749 members of the Convention. Such a study is the first and epoch-making approach at least in my country. We can conclude that the considerations of legal aspects in this case also have the very important effect.
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Report
(4 results)
Research Products
(12 results)
