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Enlightened Feudalism
Seigneurial Justice and Village Society in Eighteenth-Century Northern Burgundy
Jeremy Hayhoe
Thousands of seigneurial courts covered the French countryside in the early modern era. By the eighteenth century these courts were subject to mounting criticism, as Enlightenment concerns about rationality and standardization combined with older absolutist worries that lords' ownership of justice weakened the king's authority. Although the courts were abolished in 1789, this criticism persisted, with historians traditionally portraying them as marginal and abusive relics of a bygone feudal age.
In Enlightened Feudalism, Jeremy Hayhoe demonstrates that these local institutions actually functioned with a degree of efficiency, professionalism, and attention to peasant concerns that few historians have appreciated. Set in Northern Burgundy, this study reveals how provincial administrative elites quietly encouraged the use of simpler procedure for minor disputes, thus bringing seigneurial courts closer to village life. But these reforms paradoxically made the newly invigorated courts a key instrument of the late eighteenth-century intensification of the seigneurie. Peasant ambivalence toward seigneurial courts reflected this duality, as the cahiers de doléances both praised the institution for its role in community affairs, and vigorously criticized it for bolstering the seigneurial system.
By situating the local court within a wide range of para-judicial institutions and behaviors, Hayhoe presents a new vision of village society, one in which communal bonds were too weak to enforce behavioral norms. Village communities had substantial authority over their own affairs, but required the frequent and active collaboration of the court to enforce the rules that they put into place.
Jeremy Hayhoe is assistant professor at the Université de Moncton, New Brunswick, Canada.
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DETAILS
3 b/w illustrations 7 line illustrations Size: 9 x 6 in 10 digit ISBN: 1580462715 13 digit ISBN: 9781580462716
Binding: Hardback First published: 15/Jul/2008 Publication date: 15/Jul/2008 Price: 80.00 USD / 45.00 GBP
Imprint: University of Rochester Press
Series: Changing Perspectives on Early Modern Europe
Subject: Modern History
BIC class: AVH
STATUS: Available
Details updated on 03/07/2008
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Contents
| 1 | |
Tiny Courts, Incompetent Judges?
| 2 | |
Justice in the Interests of Lords
| 3 | |
Justice in the Interests of the Community
| 4 | |
Conflict and Consensus In and Out of Court
| 5 | |
Local Knowledge and Legal Reform: The Transformation of Justice
| 6 | |
Tocqueville in the Village: Seigneurial Reaction and the Central state
| 7 | |
A Popular Institution? Seigneurial Justice in the Cahiers de Doleancés
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Reviews
This detailed study of seigneurial justice enriches our understanding of what "feudalism" could mean in practice on the eve of the great revolution. As reconstructed by Jeremy Hayhoe, for Northern Burgundy's peasants, the seigneurial court was both a resented vehicle for enforcing the lord's demands and an appreciated venue for accessible judicial authority. This is a valuable contribution to historians' longstanding debates about just what the seigneurial regime was at its end. -- John Markoff, University Professor of Sociology, History, and Political Science, University of Pittsburgh
An impressive scholarly study of seigneurial justice in Northern Burgundy during the later 1700s that adds another dense layer to the legal history of early modern France. -- Sarah Hanley, Professor of History and Law, University of Iowa
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