Not a right but a public function: the debate in the French National Assembly over the 1872 law on jury formation

Because of the highly politicized nature of the French judicialsystem in the nineteenth century, laws governing the selectionof jurors were often the subject of strong political debate.There were repeated controversies over which citizens shouldbe jurors and which authorities should draw up the annual jurylists from which the trial panels were drawn. Perhaps no eventbetter reflected the nature of the controversy than the debatewhich occurred in the National Assembly in 1872, when the conservativegovernment proposed an act which gave the judiciary power torevise the annual jury lists drawn up by elected officials.However, liberal deputies opposed the act because they maintainedit gave too much power to a conservative judiciary in determiningwhich citizens should be jurors. The debate in fact went tothe heart of the nineteenth-century struggle between the Rightand Left.