Rogier versus Jottrand : dure beledigingen in de Belgische opiniepers (1861-1863)

The Belgian Constitution guaranteed political liberty, exemplified by the mandatory competence of the jury for judging political and press offences. However, the constitution did not literally mention quasi-delicts. In 1861, liberal statesman Charles Rogier was insulted by the ultramontanist Catholic newspaper Le Journal de Bruxelles. He sued the newspaper’s printer under tort law, and obtained a considerable amount of damages, bypassing the jury. Progressive radical lawyer Lucien Jottrand, former member of the Constituent Assembly, argued at length that the constitution exclusively reserved c... Mehr ...

Verfasser: Dhondt, Frederik
Dokumenttyp: journalarticle
Erscheinungsdatum: 2021
Schlagwörter: Law and Political Science
Sprache: Niederländisch
Permalink: https://search.fid-benelux.de/Record/base-26962467
Datenquelle: BASE; Originalkatalog
Powered By: BASE
Link(s) : https://biblio.ugent.be/publication/8714193

The Belgian Constitution guaranteed political liberty, exemplified by the mandatory competence of the jury for judging political and press offences. However, the constitution did not literally mention quasi-delicts. In 1861, liberal statesman Charles Rogier was insulted by the ultramontanist Catholic newspaper Le Journal de Bruxelles. He sued the newspaper’s printer under tort law, and obtained a considerable amount of damages, bypassing the jury. Progressive radical lawyer Lucien Jottrand, former member of the Constituent Assembly, argued at length that the constitution exclusively reserved competence for both civil and criminal liability to the jury. The Brussels Court of Appeal and the Court of Cassation rejected this reasoning and insisted on the superior natural law-origins of tort law. Yet, this decision created a risk of private censorship, well documented in the press and in private archives on the legal battle around the Journal de Bruxelles.