Medieval Legal Science: The Rise of Legal Doctrine and Scholasticism
The Revelation of Law
The new legal doctrine is based on the birth of legal science. This doctrine (of the Scholastic Age, i.e., faith and reason) believes reason must discover the precepts of law. These precepts are hidden from most, but they exist and can be revealed through the science of law. Legal science does not place much importance on the role of the princeps concerning the formation and use of law.
Late-Medieval Civilization
Beginning in the eleventh century, the second Middle Ages emerged, showcasing a civilization of wisdom (rational, not toad-like). Centers of study and education multiplied. This late-medieval civilization promoted the science of law, believing it a possible path to truth and an order to be sought at all costs. At this time, great thinkers sought cosmic order, both within man (spirituality) and in the environment (physical and various sciences, including the exact sciences). Law was no exception; the search was also for order, pursued through this new legal science.
The work of legal science was immense. For a millennium, millions of texts of different natures had been written. The contradictions between these texts were infinite, and discrepancies existed among them. Great jurists emerged, ordering these texts and giving them some harmony (Consonantia), with Baldo being among the greatest.
Legal Experience and Legal Knowledge
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The author says this (although I study law and the shirt, or I do): The science of law, first among the sciences, master of them all by their method of investigation of the truth … it shows the dynamism and vitality of the second Middle Ages.
The society of centuries XI-XII is a society that looks zeal be legal, the emerging circumstances demand it. (Resurgence of the city, currency, market, etc.) With so much new marketing and social relations that regulate the practice not cope, it is necessary, urgent regulation, legal science and working on it. A complex society must generate schemas computers
7. The loneliness of medieval legal science, the search for a time of validity and the rediscovery of Roman sources: commentators and commentators
· • In the modern world has become law to be treated like one of the relevant objects of state
· According to legal historian, is conditioned by the power law and the class interests it holds q
• The validity of the law is necessary to acquire authority. In modern law, there is lack of autonomy but there is lack of validity
• In medieval law, the problem is perceived significantly less. Would correct the thrust of the policy and made the customary source
· The misadventures begin between the ages XI – XII, with the requirement of a law that was in excess of the facts
Canon law in the work of Ivo, bishop of Chartres, is provided solely as a tool, as it really is for the church, an instrument of salvation. Canon law is not equal for all, as not all are equal (osea, if things equal in dignity and several xD but not in fragility for sin and responsibility) the rules apply to different modes are available with all rigor (rigor), attenuated (Moderati / temperatio), or sometimes simply not implemented (Relaxati), depending on caso.Ivo recognizes two forms of canon law, the first and revealed by God (not kill) calledius divinum and the second accumulated a lot of doctrinal rules developed over a millennium of history, called ius humanum.
PART TWO:
THE BUILDING OF A WORKSHOP EXPERIENCE WISDOM JURÍDICA.EL.
CHAPTER VI
MATURITY OF LEGAL EXPERIENCE AND ITS TYPICAL more eloquent.
1.Entry the eleventh and twelfth centuries: Continuity and maturity of the times.
Contextualization of the times: The second half of the eleventh century is a time of great maturity on all levels. The Western European agricultural landscape changes, there is great expansion of cultivated areas, so it mitigates food shortages and the long nightmare of hunger. Population growth is outstanding, if ever man was protomedievales walled castles, now it houses the way of freedom and openness of cities, communities of men intertwined in many relationships and open to the outside. There is also the largest circulation of the currency and the birth of professional traders. With all this booming city, the culture becomes more widespread wealth.
Princeps-2.Signos iudex continuity:
Here the author tries to explain the power possessed by the princes at the time, but as it gets a bit complicated, I’ll try to simplify it. Here’s the attempt!!:
The main function of a princeps-iudex (which is the name the king or gorbernante or boss) is not to create law, but it is the proper role of a judge, as it has an endowment (iurisdictio) that puts him on the balance, which he sees as subjects, only he is an autonomous being in itself. The author says that: it is a prince because he is judge, supreme judge. (Will get the idea? Ojala xD)
Continue the relative indifference of the holder of power by the creation of the law (jus not interested in making them.) The right, therefore, will continue being produced by other sources.
In Spain in the second half of the thirteenth century are born 7 games (What is this wea?) The content you already cache, the author talks a bit about the content and that is an important book for its time.
3.Continuidad of lex.
No matter who produces the law, but must make it last and keep in force, the law can be produced by the populus, the plebs, the Senatus, the princeps, the civitas, each community with autonomy. In the Middle Ages the prevailing theory of the laws described in the following paragraph:
There are two levels, the human and divine law, each with its respective law. The law can be written or unwritten, but its quality is maintained uniform, every law should be rational or not, not law. Thus the law can only be fair, consistent with the nature, customs and society (definition based on the thinking of the very well-known St. Thomas)
The law is thus: The populus, for whom is enacted, it is who gives approval in practice, the scientist-jurist technique gives shape and substance to this, a third man, the prince, is credited with the authority of the penalty. (modest contribution from one who holds power)