Lefebvre-Teillard, Anne, L'école de droit parisienne (fin XIIe–début XIIIe siècle)

2019 ◽  
Vol 105 (1) ◽  
pp. 44-54 ◽  
Author(s):  
A. Lefebvre-Teillard
Keyword(s):  
Thirteenth Century ◽  
Roman Law ◽  
History Of ◽  
Specific Teaching ◽  
History Of Law

Abstract The Parisian School of Law (end of the 12th to the beginning of the 13th century). The lecture of which the text is published below, was presented at the 'International Days' of the Society for the History of Law that was held in Bologna in May 2018. It aims to reflect on the research carried out on the Parisian school since the famous speech by Stephen Kuttner made at the 1937 Journées in Paris on 'The beginnings of the French canonist school'. Born after the publication of Gratian's Decretum, the Parisian school first developed during the long pontificate of Alexander III (1159–1181). Summae, distinctions and quaestiones about the Decretum developed during the 1180s, due to the presence of three very active 'Englishmen' in particular: Rodoicus Modicipassus, Ricardus de Mores (known as 'Ricardus the Englishman') and Honorius de Kent. Without neglecting the theological aspects, all three appeal to Roman law in their works, but also to the new pontifical decretals. The first decade of the thirteenth century was then marked by the publication of two important apparati on the Decretum: Ecce vicit leo and Animal est substantia, whose authors turn resolutely to Roman law. A specific teaching in the latter seems to have emerged during the same period, which sees the flourishing of the ius novum, a new teaching based on the Campilatio prima by Bernardus of Pavia. This dual orientation would then be strongly criticised by some theologians, for whom Paris was their undisputed centre of study. They then obtained a prohibition on the teaching of Roman law in Paris from Pope Honorius III in 1219.

scholarly journals Roman law and the development of legal science in S.A. Muromtsev’s concept

2019 ◽  
pp. 191-199
Author(s):  
L. V. Batiev
Keyword(s):  
Historical Development ◽  
Scientific Practice ◽  
Roman Law ◽  
Scientific Concept ◽  
Special Role ◽  
Historical School ◽  
Theoretical Approaches ◽  
History Of ◽  
Legal Thinking ◽  
History Of Law

The predominant interest of S.A. Muromtsev in Roman law and jurisprudence (legal thinking) in the 1870-1880s is due to their special role in the history of law and in the legal system of modern Europe, as well as the science of civil law. His research in this area was not so much historical as theoretical. It was works on Roman law that formed the S.A. Muromtsev’s scientific concept. Based on the analysis of the problem of the conservatism of Roman jurisprudence, S.A. Muromtsev, following R. Iering and contrary to the historical school, comes to the conclusion that the content of law is causally dependent on the needs of civil life and the activity of legal thinking (jurisprudence in the broad sense), formulating new standards in the struggle of ideas and goals. With this approach, along with economic and other factors of the development of society and its needs, to understand the development of law, it is important to study the properties of legal thinking in its historical development. The combination of historical and theoretical approaches to the study of law and legal thinking seems fruitful, but little realized in scientific practice.

Plena Potestas and Consent in Medieval Assemblies: A Study in Romano-Canonical Procedure and the Rise of Representation, 1150–1325

Traditio ◽  
1943 ◽  
Vol 1 ◽  
pp. 355-408 ◽  
Author(s):  
Gaines Post
Keyword(s):  
Thirteenth Century ◽  
Legal Theory ◽  
Roman Law ◽  
New Approach ◽  
Royal Authority ◽  
Strict Interpretation ◽  
History Of ◽  
Full Power ◽  
The One ◽  
The Right

By the end of the thirteenth century the royal writ of summons to Parliament usually specified that communities send representatives with “full power” to consent to whatever should be ordained by the king in his court and council. This “full power” was the famous plena potestas which was stated in the mandates carried by knights and burgesses to Parliament and by delegates of cities and towns to Cortes and States General, and which is still current in proxies for stockholders' meetings. It has, of course, like almost every word of the terminology in documents relating to representation, challenged interpretation: on the one side is the argument of J. G. Edwards, who confines himself to England, that plena potestas implied an almost political or sovereign consent which limited the royal authority; on the other, the assumption that it was an expression of involuntary consent to the acts and decisions of the royal government. In general, of course, whatever modern scholars have decided as to the right of consent has resulted either from modern conceptions of representation or from a strict interpretation of the terminology in the sources for the history of assemblies. No one has examined plena potestas in the light of the legal theory and procedure of the thirteenth century It is possible that by studying how legists and canonists viewed the meaning of plena potestas—for it, like most of the terminology in the mandate, came from Roman Law—we can find at least a relatively new approach to the problem of medieval consent.

Part I Histories, Ch.2 Roman Law and the Intellectual History of International Law

2016 ◽  
Author(s):  
Lesaffer Randall
Keyword(s):  
International Law ◽  
Intellectual History ◽  
Middle Ages ◽  
Roman Law ◽  
Late Middle Ages ◽  
History Of ◽  
History Of Law ◽  
History Of International Law ◽  
Roman Antiquity

This chapter describes the role of Roman law—whose influence has been largely underestimated in recent scholarship—in the intellectual history and development of international law. To that end, the chapter offers a general survey of the historical interactions between Roman law and international law, drawing from general insights into the intellectual history of law in Europe that have remained remarkably absent in the grand narrative of the history of international law. The focus is on the periods in which these interactions were most pronounced. Next to Roman Antiquity, these are the Late Middle Ages (eleventh to fifteenth centuries) and the Early Modern Age (sixteenth to eighteenth centuries).

Dr. Thomas Fastolf and the History of Law Reporting

1986 ◽  
Vol 45 (1) ◽  
pp. 84-96 ◽  
Author(s):  
J. H. Baker
Keyword(s):  
Canon Law ◽  
Case Law ◽  
Roman Law ◽  
Divine Inspiration ◽  
History Of ◽  
History Of Law ◽  
The Common ◽  
John Xxii ◽  
Papal Court

It is sometimes supposed by English lawyers that one of the principal differences between their law and other European legal systems is that the common law is founded on decided cases, whereas systems influenced by Roman law depend on texts and doctrinal literature. Some Civilians might accept the distinction. But the canonist knows that it is hardly accurate. In the first place, his decretals can be regarded both as case-law and as texts. Moreover, once the pope began to commit his adjudicative authority to a court composed of doctors of law, canon law became increasingly the jurisprudence of a learned tribunal. The supreme papal court was the “Audience,” where cases were heard before the auditors of the papal palace (domini auditores sacri palacii apostolici). The pope had appointed auditors of causes since early times, and their procedure had become regularised during the thirteenth century. By the fourteenth century, when these judges were lawyers of distinction from all over Europe, the Court of Audience had become a collegiate body; and under Pope John XXII (1316–34) it was given a written constitution and a settled home. John settled his curia at Avignon, and built a hall of audience alongside his palace there. In 1331 he promulgated the bull Ratio iuris, which was intended to govern for all time what it described as “the highest court established under divine inspiration, where the quality of justice abounds in excellence and brilliance.”

scholarly journals OSIĄGNIĘCIA POLSKICH ROMANISTÓW W CIĄGU OSTATNICH DWÓCH LAT (2006/2007 – 2007/2008)

2017 ◽  
Vol 8 (2) ◽  
pp. 7
Author(s):  
Maria Zabłocka
Keyword(s):  
Criminal Law ◽  
Family Law ◽  
Legal Culture ◽  
Administrative Law ◽  
Public Law ◽  
Roman Law ◽  
History Of ◽  
Legal Structures ◽  
History Of Law ◽  
The One

Polish Romanistic Research in the Last Two Years (2006/2007 – 2007/2008)SummaryThe article presents publications of Polish romanists published in the last two academic years. They include editions of the sources, their translations accompanied by commentaries, as well studies on Roman private law covering the law of persons, family law, law of property, succession, obligations and procedure. An important part of the recent studies is devoted to public law: above all criminal law and broadly understood administrative law. Several authors addressed the problem of the influence of Roman law on the legal culture of Europe. Research was done as well on the history of law faculties and the romanists who lectured there. All these studies indicate a slight change in the scientific interest of the Polish romanists. We welcome the fact that more interest was paid to various problems of public law, in this way the romanistic research may be able to show the roots of the later and modern jurisprudence. One could postulate further studies not on the classical period of Roman law but also on its later developments. Scholars should never limit themselves to study of subjects reflecting contemporary legal science, as we never know if the one day the ‘dated’ institutions should not revive in a slightly changed form: such is the case of the modern construction of transfer of ownership as a security for debt functionally reflecting the Roman fiducia cum creditore contracta. In this manner the analysis of the ancient legal structures may provide for better understanding of the presently binding norms.

Foundations of legal tradition: the case of ancient Greece

Legal Studies ◽  
1989 ◽  
Vol 9 (3) ◽  
pp. 241-260
Author(s):  
Neil Duxbury
Keyword(s):  
Ancient Greece ◽  
Roman Law ◽  
Legal Tradition ◽  
Law System ◽  
The World ◽  
Ancient Law ◽  
History Of ◽  
History Of Law

Much has often been made of Maine's striking opening sentence to his Ancient Law, in which he states that the most celebrated system of jurisprudence in the world, the Roman law system, ‘begins, as it ends, with a code.’ It is a remark which serves well those who argue that law has evolved as a predominantly written culture. Yet, as Maine points out, the publication of the Twelve Tables (these traditionally being regarded as the foundation of Roman law) ‘is not the earliest point at which we can take up the history of law.’

The Limited Impact of the Usatges de Barcelona in Twelfth-Century Catalonia

Traditio ◽  
2001 ◽  
Vol 56 ◽  
pp. 53-88 ◽  
Author(s):  
Adam J. Kosto
Keyword(s):  
Thirteenth Century ◽  
Twelfth Century ◽  
Roman Law ◽  
Important Place ◽  
Legal Traditions ◽  
The Status ◽  
History Of ◽  
Judicial Proceedings ◽  
Local Law ◽  
Formed Part

The twelfth-century legal compilation known as the Usatges de Barcelona holds an important place in the history of Catalonia. Recognized as authoritative by kings and parliaments alike from at least the thirteenth century, the Usatges were integrated into the official collection of Catalan law commissioned by the Corts and the new king of Aragón, Fernando de Antequera, in 1412–13. The work of the jurists who carried out this task was eventually fixed in print (in Catalan) in 1495 as the Constitutions y altres drets de Cathalunya, which was reissued in 1588–89 and again in 1704. The Usatges thus formed part of the law of the region for over 500 years, until the suppression of Catalan local law in the Decreto de Nueva Planta of 1716; thereafter, they survived — and still survive — as a focus of Catalan nationalism and regional pride. For medieval historians, the Usatges usefully supplement Catalonia's abundant documentary evidence, evidence unaccompanied before the thirteenth century by significant narrative sources. Individual articles cover such diverse topics as composition payments for injuries, guidelines for judicial proceedings, inheritance rules, military obligation, the status of Jews and Muslims, marriage, rape, treason, and public highways. Drawn from and influenced by a wide variety of sources — including the Visigothic code, Roman law, comital charters, and royal decrees — they provide valuable information about legal traditions and reasoning in Catalonia.

scholarly journals O użyteczności badań nad prawem rzymskim – refleksje na kanwie rozprawy Joanny Kruszyńskiej-Koli pt. Ratio przedawnienia

2021 ◽  
Vol 14 (3) ◽  
pp. 355-368
Author(s):  
Marek Sobczyk
Keyword(s):  
Civil Law ◽  
Point Of View ◽  
Roman Law ◽  
Personal Opinion ◽  
Depth Analysis ◽  
History Of ◽  
Excellent Method ◽  
History Of Law ◽  
Historical Methodology

On the Usefulness of Research into Roman Law – Some Reflections on the Joanna Kruszyńska – Kola’s Dissertation Ratio przedawnienia [The ratio of prescription] In this paper I present my personal opinion on the role of present-day research into the history of law, especially into Roman law, referring to the wider issue of the usefulness of Roman law in the future development of private law. I emphasize the clear deficit of communication between historians and proponents of modern law doctrine. This shortcoming is manifested in the lack of interest that lawyers tend to display in achievements in the field of legal history, and is proved more concretely by the fact that the references to the history in monographs on civil law are often only superficial and fragmentary. Unfortunately, legal historians rarely try to initiate any real dialogue with the practitioners of civil law doctrine. This approach offers a profound and compelling study, which both takes the present point of view into consideration and tackles many of the questions that are important and interesting today. I intend to indicate at least some basic issues that should be taken into consideration by legal historians who want to pique other lawyers’ interest in their works. In my opinion, the most important aspects are the choice of an attractive topic, that is not confined only to history; proper identification of the detailed issues, including such issues as are crucial and interesting today; and in-depth analysis of both current law and the discourse held in modern doctrine. It is significant to combine the appropriate historical methodology with the need for an attractive and communicative presentation of the research and its results. In her dissertation on the ratio of prescription Joanna Kruszyńska-Kola proposes an excellent method for improving communication with proponents of modern law doctrine. I am convinced that her work brings substance to the vision of research into the history of law which is described in my paper, for that reason I demonstrate how the author managed to achieve the purpose that legal historians should be pursuing.

Ulpian’s Influence on Aquinas’s Natural Law

2021 ◽  
Vol 46 (8) ◽  
pp. 3-4
Author(s):  
Benedict M. Guevin ◽  
Keyword(s):  
Thirteenth Century ◽  
Natural Law ◽  
Roman Law ◽  
History Of ◽  
Definition Of

Ulpian was an influential name in the history of Roman law and beyond. His definition of Natural Law, while a source of some controversy in the thirteenth century, greatly influenced St. Thomas Aquinas’s own definition. This paper explores that influence, its origins, and its implications in Aquinas’s most famous writings.

Magistri Legis. Eine Studie zur dogmatischen Funktion im industriellen System

2011 ◽  
Vol 2 (2) ◽  
pp. 69-112
Author(s):  
Pierre Legendre
Keyword(s):  
Social Function ◽  
Modern Human ◽  
Human Behaviour ◽  
Cultural Reproduction ◽  
Industrial System ◽  
The West ◽  
History Of ◽  
History Of Law ◽  
New Look

"Der Beitrag reevaluiert die «dogmatische Funktion», eine soziale Funktion, die mit biologischer und kultureller Reproduktion und folglich der Reproduktion des industriellen Systems zusammenhängt. Indem sie sich auf der Grenze zwischen Anthropologie und Rechtsgeschichte des Westens situiert, nimmt die Studie die psychoanalytische Frage nach der Rolle des Rechts im Verhalten des modernen Menschen erneut in den Blick. </br></br>This article reappraises the dogmatic function, a social function related to biological and cultural reproduction and consequently to the reproduction of the industrial system itself. On the borderline of anthropology and of the history of law – applied to the West – this study takes a new look at the question raised by psychoanalysis concerning the role of law in modern human behaviour. "

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