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
Page of

PRINTED FROM EDINBURGH SCHOLARSHIP ONLINE (www.edinburgh.universitypressscholarship.com). (c) Copyright Edinburgh University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in ESO for personal use.date: 25 February 2021

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

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

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

Xavier Prévost

Edinburgh University Press

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

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.