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
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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