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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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Reassessing the Influence of Medieval Jurisprudence on Jacques Cujas’ (1522–1590) Method

Reassessing the Influence of Medieval Jurisprudence on Jacques Cujas’ (1522–1590) Method

Chapter:
(p.88) 4 Reassessing the Influence of Medieval Jurisprudence on Jacques Cujas’ (1522–1590) Method
Source:
Reassessing Legal Humanism and its Claims
Author(s):

Xavier Prévost

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9781474408851.003.0005

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.

Keywords:   Legal humanism, Medieval jurisprudence, Mos gallicus, Mos italicus, Glossators, Commentators, humanists

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