The chapter examines the Papal monarchy attempts to rebuild its political and legal structures after the 1848–49 revolutions, under the ambiguous protection of French and Austrian military occupation. France and moderate elites urged political and legal secularisation and, above all, a French-style civil code deemed essential for modernizing justice, stimulating economic development, and strengthening state authority. Yet such attempts failed: separating civil from canon law would have undermined the very foundation of papal sovereignty, rooted in the fusion of spiritual and temporal power. Between diplomatic pressure, political instability, and doctrinal resistance, Pius IX and the Curia pursued an alternative version of codification, aimed at reaffirming religious control over human societies. The project collapsed when Italian national unification reshaped the political landscape.
A Civil Code for the Pope? French Protection and Legal Reform in the Papal States after 1848
Capone, Alessandro
2025
Abstract
The chapter examines the Papal monarchy attempts to rebuild its political and legal structures after the 1848–49 revolutions, under the ambiguous protection of French and Austrian military occupation. France and moderate elites urged political and legal secularisation and, above all, a French-style civil code deemed essential for modernizing justice, stimulating economic development, and strengthening state authority. Yet such attempts failed: separating civil from canon law would have undermined the very foundation of papal sovereignty, rooted in the fusion of spiritual and temporal power. Between diplomatic pressure, political instability, and doctrinal resistance, Pius IX and the Curia pursued an alternative version of codification, aimed at reaffirming religious control over human societies. The project collapsed when Italian national unification reshaped the political landscape.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
