GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW) | ||||||
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07:21 Oct 10, 2017 |
English language (monolingual) [PRO] Government / Politics / Politics | |||||||
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| Selected response from: Charles Davis Spain Local time: 19:20 | ||||||
Grading comment
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SUMMARY OF ALL EXPLANATIONS PROVIDED | ||||
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4 +6 | record and enact / "unregister" = enregister |
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Discussion entries: 1 | |
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record and enact / "unregister" = enregister Explanation: In the Ancien Régime in France (the monarchy before the Revolution in 1789), the King was the source of law, but his decrees had to be "registered" by the Parlements. Formally registering meant writing them in the register of laws, but as Paine says, the laws issued by the King were not effective until they had been registered, so it also means to enact, and the Parlements sometimes objected to the proposed law and refused to register it: "Of more consequence, the parlements "registered" new laws issued by the king, the source of the law. At its simplest, registration meant that the tribunals transcribed statutes into folio registers, as a permanent record. But from about 1500 all the way to 1789, the parlements, supported by constitutional scholars, claimed that they had the duty to "verify" laws before registering them. Verification entailed deciding if new legislation agreed with divine, natural, and statute law and, especially, custom and precedent. [...] Any law could easily fail at least one of these tests, especially measures concerning controversial issues such as taxes, religious pacification, and judicial reform. A parlement might table disputed legislation indefinitely, weaken it with amendments, or issue a "remonstrance," a formal protest, oral or written, to the king. Despite various forms of royal pressure, these tactics might well lead to a compromise and sometimes to outright victory for the parlements. As a last resort, the kings would themselves appear in a tribunal, usually the Parlement of Paris, to hold a ceremony called a lit de justice. There the monarch invoked his sovereign power and commanded the parlement to register his law at once." http://www.encyclopedia.com/history/encyclopedias-almanacs-t... On the second point you raise, the apparent anomaly of laws being "unregistered", this is due to a textual error. Some modern editions of Paine's text, Rights of Man (1791), have "unregistered" in the two passages you have quoted, but all the early editions, and most of the modern ones, have "enregistered" here, and that is definitely what Paine wrote. "Enregister" means "register". The first edition is available in Google Books: https://books.google.es/books?id=9yH_RJkB6aMC&pg=PA44&dq="en... Here's another 1791 edition: https://books.google.es/books?id=UxRYAAAAcAAJ&pg=PA99&dq="en... And another: https://books.google.es/books?id=9FkJAAAAQAAJ&pg=PA90&dq="to... I have only found "unregistered" in a few modern editions. It is an error, and doesn't make sense. |
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Notes to answerer
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