The Birth of a Maxim: “A Bishop Has No Territory”
Tyler Lange
One of the most striking legal developments sixteenth century is emergence two related challenges to medieval ius commune. Their target, pan-European Romano-canonical “common law,” was based on academic elaborations Justinian's Corpus iuris civilis, Gratian's Decretum, and succeeding books papal judgments or decretals. The commune offered a wealth principles models both legislative sovereignty systematic law codes. In century, its primacy—indeed coherence—was challenged by humanist school jurisprudence inspired philological criticism literary scholars. This movement recover original, that is, classical Roman meaning particular Roman-law provisions, exemplified in France work Guillaume Budé, Jacques Cujas, their followers. A closely tradition denying were universally applicable. challenge, evident Charles Dumoulin, François Hotman, Jean Papon, Antoine Loisel, often tied Protestant rejection canon law, asserted laws irrelevant encouraged search for native, authentic French law. These be found synthesizing local customary decisions sovereign courts, royal legislation.
Speculum