Was Napoleonic France liberal compared to the other European majors?

by kaspar42

By liberal, I mean things like rule of law, independence of the courts, equality before the law, secularism, freedom of speech, etc.

FeeComprehensive75

When it comes to Napoleonic Laws, there are two main phases: one is the 1802 Code Napoleon, and the other is the reformed 1815 constitution.

The 1802 constitution was anything but liberal. Let's divide it into several segments:

(i) Legislature: Napoleon strengthened the Senate (which was loyal to him) while weakening the Tribunate and Legislative Corps (which weren't). In any case, he had the senatus
consultum (which allowed him to pass anything with the approval of the loyal senate, as long as it was "urgent") and the plebiscite (which was another sure way of getting something approved as Napoleon was popular enough and electoral fraud was heavily practiced). The only state with a stronger legislature in Europe was perhaps Britain. Unlike Britain, however, universal male suffrage did exist in Napoleonic France.

(ii) Worker's Rights: The law allowed freedom of labor, but did not allow unions or even strikes. In practice, it was even worse, as in any trade dispute police took the owner's side and police had the power to arbitrarily settle any wage dispute. It was nothing exceptionally bad compared to the rest of Europe.

(iii) Women's Rights: Women in revolutionary France had the right to receive a divorce by mutual consent. Under the code, both sets of parents had to agree. Also, a man could sue for divorce on grounds of adultery, but a woman only if the husband brought the concubine home.

In comparison, in Britain, only men could ask for divorce until 1857. But it had to be granted by an expensive Act of Parliament. It does seem that even Code Napoleon was ahead of its time when it came to women's rights.

(iv) Slavery: Slavery and slave trade were initially illegal (thanks to Revolutionary France) but Napoleon reinstated it in the Code Napoleon. It is to be noted that Britain abolished slave trade in 1807, thus being the only country more progressive compared to Napoleonic France in this regard.

(v) Equality and Meritocracy: Napoleonic France had a hereditary aristocracy, but anyone could theoretically reach that rank. It did offer equality before the law, which was progressive compared to most of Europe but just a tepid continuation of Revolutionary laws.

The 1815 constitution, drafted by Benjamin Constant (a noted liberal figure) made significant changes, perhaps because of Napoleon's desperation:

(i) All the changes made in the Bourbon restoration (such as the abolition of the Legion of Honor, restoration of the old nobility) were revoked.

(ii) Slave trade was fully abolished.

(iii) All censorship was abolished and freedom of expression introduced.

(iv) A bicameral legislature was introduced. The upper house was formed of appointed, hereditary peers. The lower house was elected by universal male suffrage. France was made into a constitutional monarchy.

These laws were remarkably progressive compared to the rest of Europe.

Sources

"Napoleon: A Biography" by Frank McLynn

"Napoleon: A Life" by Andrew Roberts