The legal status of French captives in the early modern era: from theories of jus in bello to the reality of case law

Abstract

In modern times, the authors of international law, defining the jus in bello, are trying to frame the behaviour of the belligerents, to protect civilians and vanquished. These theoretical developments, however valuable, must not hide the complexity of reality, especially in times of civil war or in border areas coveted by neighbouring States, when armed groups and national forces are fighting. The reading of French civil jurisprudence has the interest to show us the reality experienced by the captives. In particular, the dispute over the redemption shows the upheavals suffered by the heritage, the sacrifices made by families, and the countless exceptions made to the general principles of contract law. When force prevails, the strictness of law fades, for the greater misfortune of the subjects of law.