Jump to ContentJump to Main Navigation
Reassessing Legal Humanism and its ClaimsPetere Fontes?$
Users without a subscription are not able to see the full content.

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

Show Summary Details

Elegant Scholastic Humanism? Arias Piñel’s (1515–1563) Critical Revision of Laesio Enormis

Elegant Scholastic Humanism? Arias Piñel’s (1515–1563) Critical Revision of Laesio Enormis

Chapter:
(p.137) 6 Elegant Scholastic Humanism? Arias Piñel’s (1515–1563) Critical Revision of Laesio Enormis
Source:
Reassessing Legal Humanism and its Claims
Author(s):

Wim Decock

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9781474408851.003.0007

Broad tags such as ‘humanism’ and ‘scholasticism’ fail to do justice to the ‘hybrid’ nature of legal as well as theological sources of the early modern period, certainly in the Iberian world. A case in point are the Commentarii ad rubricam et legem 2, C. de rescindenda venditione by the Portuguese jurist Arias Piñel. By submitting C. 4,44,2 to thorough philological and historical analysis, Piñel wanted to investigate the ‘true’ meaning of leasio enormis. Against the medieval gloss and the communis opinio doctorum, he claimed that the remedy by virtue of C. 4,44,2 was unknown to the Roman jurists before the time of Emperors Diocletian and Maximian. Piñel wanted to highlight the fundamental difference between the pagan legal culture that had informed the classical Roman jurists, on the one hand, and the new, Christian mentality of the ius commune as it developed during the late Middle Ages.

Keywords:   Roman law, humanism, scholasticism, contract law, laesio enormis

Edinburgh Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs, and if you can't find the answer there, please contact us.