Paul J. du Plessis and John W. Cairns (eds)
- Published in print:
- 2016
- Published Online:
- January 2017
- ISBN:
- 9781474408851
- eISBN:
- 9781474418522
- Item type:
- book
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9781474408851.001.0001
- Subject:
- Law, Philosophy of Law
Legal humanism has become deeply entrenched in most modern works on European legal history from the seventeenth century onwards and has been accepted with such blind faith by many modern scholars ...
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Legal humanism has become deeply entrenched in most modern works on European legal history from the seventeenth century onwards and has been accepted with such blind faith by many modern scholars that few have challenged it. The consequence is that scholars who have accepted the traditional view have used it to substantiate larger claims about the death of Roman law, the separation between the golden age of a pan-European medieval ius commune and the fragmented reception of Roman law into the nation states of Europe, and the relevance of ‘dogmatic’ Roman law as opposed to ‘antiquarian’ Roman law.Less
Legal humanism has become deeply entrenched in most modern works on European legal history from the seventeenth century onwards and has been accepted with such blind faith by many modern scholars that few have challenged it. The consequence is that scholars who have accepted the traditional view have used it to substantiate larger claims about the death of Roman law, the separation between the golden age of a pan-European medieval ius commune and the fragmented reception of Roman law into the nation states of Europe, and the relevance of ‘dogmatic’ Roman law as opposed to ‘antiquarian’ Roman law.
Xavier Prévost
- Published in print:
- 2016
- Published Online:
- January 2017
- ISBN:
- 9781474408851
- eISBN:
- 9781474418522
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9781474408851.003.0005
- Subject:
- Law, Philosophy of Law
Jacques Cujas (1522-1590) emerged as a leading representative of legal humanism, an intellectual movement that introduced the ideas of evolution and change in the making of law and the functioning of ...
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Jacques Cujas (1522-1590) emerged as a leading representative of legal humanism, an intellectual movement that introduced the ideas of evolution and change in the making of law and the functioning of institutions. Thanks to their knowledge of the ancient sources, humanist jurists replaced the Justinian’s compilations into the historical context. This approach represented one of the biggest divide with medieval methods. However, the Cujacian method is not the epitome of pure theoretical humanism, which would have completely casted out medieval jurisprudence. He used the writings of Glossators and Commentators according to his needs, without preconceived ideas. Thanks to these medieval foundations, Cujas built his own method, which was neither a simple improved resumption of the gloss and commentary nor a total repudiation, but a real intellectual change.Less
Jacques Cujas (1522-1590) emerged as a leading representative of legal humanism, an intellectual movement that introduced the ideas of evolution and change in the making of law and the functioning of institutions. Thanks to their knowledge of the ancient sources, humanist jurists replaced the Justinian’s compilations into the historical context. This approach represented one of the biggest divide with medieval methods. However, the Cujacian method is not the epitome of pure theoretical humanism, which would have completely casted out medieval jurisprudence. He used the writings of Glossators and Commentators according to his needs, without preconceived ideas. Thanks to these medieval foundations, Cujas built his own method, which was neither a simple improved resumption of the gloss and commentary nor a total repudiation, but a real intellectual change.
