Medieval Law: A European Legal Order
Introduction, Foreword, and Chapter I
) operates as prince with technical chief judge then passed to lawyers and court judge administers justice. always right one for each different time low ancient and modern media = xv similar break.
Grossi’s work is not intended as a manual, if it is a medieval interpretation of law. It tries to make the difference between the medieval concept of law as the previous age (Classical) and which came later (Modern)
The play, despite being based on Italian legal works, always makes clear the European character of medieval law. This is a moment with its own criminality and solid unit, although it is clearly perceived two stages, namely the stage of birth or foundation, which chronologically belongs to the Dark Ages, and whose main features will be in detail later, and maturity, one can say that clearly identifies with the emergence of common law.
The basic element in understanding a legal concept in the context of medieval society, it is said that medieval society is not politics soc no legal authority to issue rules. The ordo Iuris comprises elements immanent in society and other transcendent nature. The inherent value is the nature of things, and the transcendent value is the presence of God the Creator of standards. Given these two items will get to say that medieval law is an interpretation, a interpretatio of something that does not create a lawyer. is linked to right ciencia’Poder
You have to understand the ideas of law and legal experience, to systematize the basic vision of medieval Grossi.Una right of the main characteristics of medieval is the lack of a significant political power, a political vacuum, so that law is called to fill the space left by the State (or a central political power) In this sense recognizes a single sovereignty: God, who gives meaning to the unity of medieval universe. The naturalism of this right, the proto-medieval primitivism and reicentrismo (Centrality of things) are characters of this universe, which will in time, land and blood three foundational and fundamental normative facts.
The imperfection of the individual versus the perfection of the community create this mosaic altarpiece choir or characteristic of medieval society. There is a primacy of Totalitär, the Universitas, and crowds outside the individual. This perfection of order, ordo iuris is given by God, is a meta-reality, human nature. The law is the reflection of the order, as is the interpretation of this transcendent reality with men. The church largely filled the void left by the absence of a state, but like any community needs sorting, so it comes to law, establishing the canon law. The Church joins the nascent city in the eleventh and twelfth centuries, was born the cathedral, where the faithful flock that used to go to the monastery. Also form legal study centers in emerging cities. In this new era the king is still a judge, an interpreter, his political power is iurisdictio, where not create law from the lex either: This is a revelation, an interpretation of a preexisting legal order. E higher order ordo iuris is manifested through the lex and the king’s power. This is the medieval natural law understood as a higher order, the scientia iuris est interpretatio. The legal truth is truth, truth seeking and finding theiuristas, the science of time iuristas is interpretatio.El Grossi validity comes from the legitimacy of the law is interpretation, and that empowerment is given in the utmost degree with the discovery of the Corpus Juris Justinianus. Along with this time considering the time of effectiveness, which is the practical applicability has the interpretation of law, and particularly the Justinian texts, ie texts that have to be useful.
Through these two moments is passed to a new stage of medieval law, which lawyers will no longer be anonymous, if not to be true luminaries of the forum, the chair and science. However, the changes do not prevent continuity between the two parts of medieval legal universe. The perfection of the community and the imperfection of the individual remains in force, an example of this are all under-medieval institutions such as the civitas castro burgi, villae, collegia, universitates. In addition, the Church once again presents us as a community that cares to show (and show) the continuity in both legal and medieval times, a church that continues to develop until it reaches the conception of the Corpus Juris Canonici, which regulated both the Church in inside it as the relationship with the faithful.
The legal dimension retains its freedom of action due to lack of central political power.
Chapter I:
The most important thing about the medieval right Grossi is the view of society emerges. There is a political mosaic, rather than division, is a sign of unity, a sign of the existence of a tissue. The ultimate expression of the unity of law is given by the medieval ius commune, a right that is not exhausted their projections is private land. The medieval law is not based on the specific territorial, if not taking into account Europe as a unified reality in terms of legal reality. This feature makes including medieval law is a separate legal world and closed with respect to the modern age and classical. Grossi takes to warn the reader to not make the mistake of simplifying the medieval law which does not yield to the easy assumption to make it as a continuation of the medieval Roman and medieval transplanting to certain terms that we hold today. There, despite the above, with the classic continuity provided by the presence of the great problems of mankind, those problems that every civilization living in their own way.
It is in the Middle Ages where the law is shown, as ever, as a reflection of society, of political and social events of every day. Medieval society is legal because it complies with and is saved in law, is legal because its deepest constitution and there is his face essentially the last key.
Chapter II. Premises PCs.
à Today shows a gap between the producer of D ° and recipients.
to emerge autoinmovilización of law. This is reduced to a set of rules and authority provided to the producer of powers of coercion.
It ignores the historicity of law, which is the historical dimension of life as a community partner. (Expression natural and inseparable part of society).
It is therefore not exclusively the product of state macroentidad. When people meet a standard, enter them the belief that it is worth keeping and further. It seeks to recover the right to the nature of the social and identify with the story.
monism ahay rigid hierarchy of sources, unilateralism is the right as an expression of the powerful. But this phenomenon is no more than 200 years.
à The Jurist is the mediator between history and value, should not ignore the logical grammar and technique, but also not forget that it is a product of society, or filter living experience.
Legal history as a history of legal experience.
Legal Experience particular way of perceiving, conceptualizing and implementing the right to apply to a world view, in the cultural sense.