Alphonse-Marie-Marcellin-Thomas Bérenger
Encyclopedia
Alphonse-Marie–Marcellin–Thomas Bérenger (31 May 1785 – 1 May 1866), known as Thomas Bérenger or Berenger de la Drôme, was a French lawyer and politician. He was the son of a deputy of the third estate of Dauphiné
to the Constituent Assembly
, born in Valence
.
He entered the magistracy and became procureur general at Grenoble
, but resigned this office on the Bourbon Restoration
. He then devoted himself mainly to the study of criminal law
, and in 1818 published La justice criminelle en France, in which with great courage he attacked the special tribunals, provosts' courts or military commissions which were the main instruments of the Reaction, and advocated a return to the old common law and trial by jury
. The book had a considerable effect in discrediting the reactionary policy of the government; but it was not until 1828, when Bérenger was elected to the chamber, that he had an opportunity of exercising a personal influence on affairs as a member of the group known as that of constitutional opposition.
His courage, as well as his moderation, was again displayed during the revolution of 1830
, when, as president of the parliamentary commission for the trial of the ministers of Charles X
, he braved the fury of the mob and secured a sentence of imprisonment in place of the death penalty for which they clamoured.
His position in the chamber became one of much influence, and he had a large share in the modelling of the new constitution, though his effort to secure a hereditary peer
age failed. Above all he was instrumental in framing the new criminal code
, based on more humanitarian principles, which was issued in 1835. It was due to him that, in 1832, the right, so important in actual French practice, was given to juries to find "extenuating circumstances" in cases when guilt involved the death penalty. In 1831 he had been made a member of the court of appeal (cour de cassation
}, and the same year was nominated a member of the Academy of Political and Moral Sciences (Académie des Sciences Morales et Politiques).
He was raised to the peerage in 1839. This status he lost owing to the revolution of 1848 which ended his career as a politician. As a judge, however, his activity continued. He was president of the high courts of Bourges
and Versailles
in 1849. Having been appointed president of one of the chambers of the court of appeal, he devoted himself entirely to judicial work until his retirement, under the age limit, on 31 May 1860.
He now withdrew to his native town, and occupied himself with his favorite work of reform of criminal law. In 1833, he had shared in the foundation of a society for the reclamation of young criminals, in which he continued to be actively interested to the end. In 1851 and 1852, on the commission of the academy of moral sciences, he had travelled in France and England for the purpose of examining and comparing the penal systems in the two countries. The result was published in 1855 under the title La répression pénale, comparaison du système pénitentiaire en France et en Angleterre.
His son, René Bérenger
, continued the work of his father.
Dauphiné
The Dauphiné or Dauphiné Viennois is a former province in southeastern France, whose area roughly corresponded to that of the present departments of :Isère, :Drôme, and :Hautes-Alpes....
to the Constituent Assembly
Constituent assembly
A constituent assembly is a body composed for the purpose of drafting or adopting a constitution...
, born in Valence
Valence, Drôme
Valence is a commune in southeastern France, the capital of the Drôme department, situated on the left bank of the Rhône, south of Lyon on the railway to Marseilles.Its inhabitants are called Valentinois...
.
He entered the magistracy and became procureur general at Grenoble
Grenoble
Grenoble is a city in southeastern France, at the foot of the French Alps where the river Drac joins the Isère. Located in the Rhône-Alpes region, Grenoble is the capital of the department of Isère...
, but resigned this office on the Bourbon Restoration
Bourbon Restoration
The Bourbon Restoration is the name given to the period following the successive events of the French Revolution , the end of the First Republic , and then the forcible end of the First French Empire under Napoleon – when a coalition of European powers restored by arms the monarchy to the...
. He then devoted himself mainly to the study of criminal law
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
, and in 1818 published La justice criminelle en France, in which with great courage he attacked the special tribunals, provosts' courts or military commissions which were the main instruments of the Reaction, and advocated a return to the old common law and trial by jury
Trial by Jury
Trial by Jury is a comic opera in one act, with music by Arthur Sullivan and libretto by W. S. Gilbert. It was first produced on 25 March 1875, at London's Royalty Theatre, where it initially ran for 131 performances and was considered a hit, receiving critical praise and outrunning its...
. The book had a considerable effect in discrediting the reactionary policy of the government; but it was not until 1828, when Bérenger was elected to the chamber, that he had an opportunity of exercising a personal influence on affairs as a member of the group known as that of constitutional opposition.
His courage, as well as his moderation, was again displayed during the revolution of 1830
July Revolution
The French Revolution of 1830, also known as the July Revolution or in French, saw the overthrow of King Charles X of France, the French Bourbon monarch, and the ascent of his cousin Louis-Philippe, Duke of Orléans, who himself, after 18 precarious years on the throne, would in turn be overthrown...
, when, as president of the parliamentary commission for the trial of the ministers of Charles X
Charles X of France
Charles X was known for most of his life as the Comte d'Artois before he reigned as King of France and of Navarre from 16 September 1824 until 2 August 1830. A younger brother to Kings Louis XVI and Louis XVIII, he supported the latter in exile and eventually succeeded him...
, he braved the fury of the mob and secured a sentence of imprisonment in place of the death penalty for which they clamoured.
His position in the chamber became one of much influence, and he had a large share in the modelling of the new constitution, though his effort to secure a hereditary peer
Hereditary peer
Hereditary peers form part of the Peerage in the United Kingdom. There are over seven hundred peers who hold titles that may be inherited. Formerly, most of them were entitled to sit in the House of Lords, but since the House of Lords Act 1999 only ninety-two are permitted to do so...
age failed. Above all he was instrumental in framing the new criminal code
Criminal Code
A criminal code is a document which compiles all, or a significant amount of, a particular jurisdiction's criminal law...
, based on more humanitarian principles, which was issued in 1835. It was due to him that, in 1832, the right, so important in actual French practice, was given to juries to find "extenuating circumstances" in cases when guilt involved the death penalty. In 1831 he had been made a member of the court of appeal (cour de cassation
Court of Cassation (France)
The French Supreme Court of Judicature is France's court of last resort having jurisdiction over all matters triable in the judicial stream but only scope of review to determine a miscarriage of justice or certify a question of law based solely on points of law...
}, and the same year was nominated a member of the Academy of Political and Moral Sciences (Académie des Sciences Morales et Politiques).
He was raised to the peerage in 1839. This status he lost owing to the revolution of 1848 which ended his career as a politician. As a judge, however, his activity continued. He was president of the high courts of Bourges
Bourges
Bourges is a city in central France on the Yèvre river. It is the capital of the department of Cher and also was the capital of the former province of Berry.-History:...
and Versailles
Versailles
Versailles , a city renowned for its château, the Palace of Versailles, was the de facto capital of the kingdom of France for over a century, from 1682 to 1789. It is now a wealthy suburb of Paris and remains an important administrative and judicial centre...
in 1849. Having been appointed president of one of the chambers of the court of appeal, he devoted himself entirely to judicial work until his retirement, under the age limit, on 31 May 1860.
He now withdrew to his native town, and occupied himself with his favorite work of reform of criminal law. In 1833, he had shared in the foundation of a society for the reclamation of young criminals, in which he continued to be actively interested to the end. In 1851 and 1852, on the commission of the academy of moral sciences, he had travelled in France and England for the purpose of examining and comparing the penal systems in the two countries. The result was published in 1855 under the title La répression pénale, comparaison du système pénitentiaire en France et en Angleterre.
His son, René Bérenger
René Bérenger
René Bérenger, born in Bourg-lès-Valence on and died Alincourt on , was a French lawyer, judge, and politician.He was the son of Alphonse-Marie-Marcellin-Thomas Bérenger, and followed his father into the legal profession. At the outbreak of the Franco-Prussian War in 1870, he was Avocat général...
, continued the work of his father.