The lesson of the Italian humanists in the fifteenth century was not in vain: the effort to historicize and apply philology to the Digest and the Code of Justinian has led in the sixteenth century to not give their effectiveness in modern Europe for granted. Among the many proposals for a new approach to Roman law, the most innovative and radical one is provided by François Hotman in Antitribonian treatise, written in 1567 but published posthumously in 1603. Hotman’s belief is that Roman law is the result of an experience of the past, now ended. Political institutions, the organization of the state, the economic and social life: everything has changed compared to ancient Rome and insisting on applying the ancient Roman law is wrong and harmful. Forcing young people to study Justinian’s compilations at university means wasting their time: their preparation should not be bookish and mnemonic but must be based on learning from the masters’ direct voice and practicing in court. It is up to the king to take the initiative to condense any legal knowledge in one or two books, with simple and clear rules, easily knowable by everyone. Hotman’s reform project was not successful: on one side the lawyers did not want to give up the traditional method of study and work, and on the other side the king wanted to use Roman law to assert his own privilege in the creation of the law.
François Hotman vs Triboniano: una critica radicale al diritto romano nella Francia del XVI secolo
ROSSI, Giovanni
2015-01-01
Abstract
The lesson of the Italian humanists in the fifteenth century was not in vain: the effort to historicize and apply philology to the Digest and the Code of Justinian has led in the sixteenth century to not give their effectiveness in modern Europe for granted. Among the many proposals for a new approach to Roman law, the most innovative and radical one is provided by François Hotman in Antitribonian treatise, written in 1567 but published posthumously in 1603. Hotman’s belief is that Roman law is the result of an experience of the past, now ended. Political institutions, the organization of the state, the economic and social life: everything has changed compared to ancient Rome and insisting on applying the ancient Roman law is wrong and harmful. Forcing young people to study Justinian’s compilations at university means wasting their time: their preparation should not be bookish and mnemonic but must be based on learning from the masters’ direct voice and practicing in court. It is up to the king to take the initiative to condense any legal knowledge in one or two books, with simple and clear rules, easily knowable by everyone. Hotman’s reform project was not successful: on one side the lawyers did not want to give up the traditional method of study and work, and on the other side the king wanted to use Roman law to assert his own privilege in the creation of the law.
I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
