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Reassessing Legal Humanism and its ClaimsPetere Fontes?$
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Paul J. du Plessis and John W. Cairns

Print publication date: 2016

Print ISBN-13: 9781474408851

Published to Edinburgh Scholarship Online: January 2017

DOI: 10.3366/edinburgh/9781474408851.001.0001

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A Lawyer and His Sources: Nicolas Bohier and Legal Practice in Sixteenth-Century France

A Lawyer and His Sources: Nicolas Bohier and Legal Practice in Sixteenth-Century France

Chapter:
(p.244) 10 A Lawyer and His Sources: Nicolas Bohier and Legal Practice in Sixteenth-Century France
Source:
Reassessing Legal Humanism and its Claims
Author(s):

Jasmin Hepburn

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9781474408851.003.0011

This chapter considers the Consilia of a French judge and legal practitioner of the sixteenth century, Nicolas Bohier (1469–1539). His use of the term "ius commune" in this work is considered, with particular reference to the jurists he relied on as authorities. If, as modern surveys of European legal history suggest, the emergence of national law during the sixteenth century led to a decline of the medieval "ius commune", the oeuvre of a practitioner might demonstrate this more clearly than that of academic jurists. The extent to which there was a real rivalry between the sources of "ius commune" and "ius proprium" is assessed. Further, whether instead it ought to be viewed as a selection of sources from which Bohier was able to choose, also suggests whether or not there was a detectable source hierarchy at this time.

Keywords:   humanism, legal practice, France, sixteenth century, Nicholas Bohier

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