Talk:General principles of French law

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Why we care about principles of French law

Since the question is almost always asked with respect to these articles on abstract principles of French law, let me preemptively answer it, especially since like most of these articles this translation of a French-language text, written for a reader who already knows, doesn't answer it.

French law, in the form of the Napoleonic code, underlies many of the world's legal systems, based on what is known as civil law (not the same thing as civil law in common law systems). These include Brazil, Mexico, and Poland among others. Elinruby (talk) 09:15, 2 July 2023 (UTC)[reply]

I forgot to mention European Union law. I will try to incorporate this explanation as I build on the translation Elinruby (talk) 09:17, 2 July 2023 (UTC)[reply]

Long-term we should explain the links to the constitution

It doesn't really matter which one, the 4th and the 5th were mostly attempts to avoid the governance problems of the Third Republic

@Mathglot, Scope creep, and Piotrus:, who have at various times expressed interest in the Napoleonic code and may or may not want to say something here. At the moment it's a fairly faithful translation from the French, mostly a list, but obviously more explanation and secondary sources would improve it. Long-term project.

À ne pas confondre: Les principles gënéraux du royaume de la France, article traduit par Mathglot, je crois Elinruby (talk) 05:43, 10 August 2023 (UTC)[reply]

Elin is referring to Fundamental laws of the Kingdom of France, originally created by King Pius (talk · contribs) (inactive), then stripped as unsourced and rewritten by yours truly. Pretty interesting, especially insofar as the unwritten aspects of French law which even Kings were bound to.

There seems to be some overlap between your article and Fundamental principles recognized by the laws of the Republic, but they each pair with different articles on fr-wiki so I guess you're good, but be aware.

More recently, have been involved in expanding a little-known, but equally fascinating quasi-constitutional law from the earliest days of the Fourth Republic, called the Tréveneuc law, seeking essentially to provide a legal escape route to prevent a tyrant from taking over the Republic after dissolving parliament, something Adolphe Thiers was very worried about. Mathglot (talk) 08:23, 10 August 2023 (UTC)[reply]

Also, be careful when translating from fr-wiki; their adherence to NPOV (fr:NdPV) and V (fr:V) is nowhere near ours imho, so be sure to check everything. Secondly, as far as unwritten stuff, it's mostly on the administrative side. French criminal law is highly codified, both for the penal code regulating offenses and punishments, as well as a separate code for criminal procedure; codes are established by the legislature and open to everyone (in recent years, in the form of the Légifrance website established by the French government, according to law).

The situation in administrative law could not be more different: administrative law is largely unwritten in France, and is established by administrative case law written by administrative judges, and not by laws passed by the legislature. As administrative law is the result of jurisprudence and uncodified, it is not discussed in Parliament, nor published in the Journal Officiel, or online, and is thus hidden from the public.

Finally, if you're going to discuss general principles and their constitutional aspects, then you should have a look at Constitutional block (France) (redirects to a section, currently, but should become it's own article). I'll end with two more links related to your topic, both of which should become articles: Principles of constitutional value^[fr], and Objectives of constitutional value^[fr]. Good luck with your project! Mathglot (talk) 09:18, 10 August 2023 (UTC)[reply]

Hahaha it *is* becoming a project isn't it. There are so many of these "principles of French law" articles that they really should be better explained. Elinruby (talk) 00:54, 13 August 2023 (UTC)[reply]

and yeah, thanks for your suggestions! The admin law topic is intimidatingly large Elinruby (talk) 00:56, 13 August 2023 (UTC)[reply]