JOURNAL: Les juristes dans la République des lettres (eds. Géraldine CAZALS, Stéphan GEONGET, Violaine GIACOMOTTO-CHARRA & Xavier PRÉVOST) (Clio@Thémis 24 (2023)) [OPEN ACCESS]

 

(image source: openedition)

« Pro communi utilitate » : où sont les juristes dans la République des lettres ? (Géraldine Cazals,Stéphan Geonget, Violaine Giacomotto-Charra et Xavier Prévost)
DOI 10.4000/cliothemis.3506

La bataille de Guillaume Budé, princeps de la République des Lettres, contre la barbarie des gens de justice (Shingo Akimoto)
DOI 10.4000/cliothemis.3195

Abstract:

This article focuses on the battle that Guillaume Budé waged against the barbarity of the magistrates of the French sovereign court, who, despising the study of letters and prone to the pursuit of gain, relied solely on the Bartolist science of law. I argue that, at the court of Francis I, Budé, already recognised as princeps of the Republic of Letters, assumed the political role of “advocate of the Philologists’ nation” and proposed, based on his idea of encyclopaedia, the ideal of the orator-philosopher able to achieve justice.

La faute de Narcisse et la leçon du droit : la philautie selon André Alciat, entre allégorie et discours juridique (Thomas Penguilly)
DOI 10.4000/cliothemis.3119
Abstract:

The jurist and humanist Andrea Alciato went down in history as the creator of the literary genre of the emblem, bound to a great fortune in the Renaissance and in the Classical period. However, his poetic work, put at the service of his conception of the teaching of law, also reflects the views of its author in the legal field. Indeed, in his emblem Philautia (1546), Alciato offers a true manifesto in favor of legal humanism through a very personal reading of the myth of Narcissus, dismissing back-to-back his opponents, jurists as well as philologists.

Prendre exemple sur le droit ? La formation du raisonnement politique dans le prologue des Discours de Machiavel (Laurent Gerbier)
DOI 10.4000/cliothemis.3260
Abstract:

The prologue to the Discourses on the First Decade of Livy defines the methodological conditions of political science using a specific analogy between law, medicine and politics. The aim here is to examine this analogy by trying to understand its stakes and origins. By relating it to the disputa delle arti, which has opposed medicine and law since the 14th century, as well as relating it to the emergence of legal humanism, which seeks to apply the scholarly methods of philology to law, the article aims to explain the meaning of this analogy and to show that the political science that Machiavelli intends to found is in fact a science of crises.

A Matter of Jurisdiction: “Guelfs” and “Ghibellines” in the French Wars of Religion (George Hoffmann)
DOI 10.4000/cliothemis.3150
Abstract:

Gallicans like Montaigne construed the confessional struggle as a problem of jurisdiction between the Crown and the Pope. When he quipped “to the Ghibelline I was a Guelph, to the Guelph a Ghibelline”, he was thus not intimating that he appeared “Protestant” to the Catholic side and “Catholic” to the Protestant one. Instead, he used these terms in their historical sense, designating a division between citramontane supporters of the king and ultramontane supporters of the pope. Between anti-tolerant and anti-pacifist Leaguers and tolerant-pacifist Politiques lay a third option, that of anti-tolerant but pacifist Gallicans.

Les juristes en épistoliers - Étude de la correspondance passive de Joseph-Juste Scaliger (1540-1609) (Xavier Prévost)
DOI 10.4000/cliothemis.3296
Abstract:

The study of two hundred and eighty-three letters addressed to Joseph-Juste Scaliger shows the extent of the humanist’s legal network and the active contribution of forty-nine jurists to the Republic of Letters. This encyclopedic contribution is based on philology as a central knowledge, in line with Scaliger’s interests. As for law, its place – without being negligible – remains peripheral in this correspondence, while varying according to the regularity of the legal practice of each letter writer.

Portrait du jurisconsulte en épistolier « particulier ». À propos de quelques développements sur le droit romain dans les Lettres (1619) d’Étienne Pasquier (XIX, 12 à XIX, 14) (Benoît Autiquet)
DOI 10.4000/cliothemis.3320
Abstract:

This article deals with three texts that Étienne Pasquier devoted to Roman law in the second edition of his collection of Lettres (1619), one to the authority of jurisconsults, the other two to the origins of the “légitime”. We propose to read in these little explored texts a redefinition of the authority of the jurisconsult, in French law as well as in Roman law, starting from the initial refusal of the idea that the jurist’s "opinions" have the force of law. In contrast to this idea, a figure embodied by the author himself appears : a "private" jurisconsult, who has all the more authority as he relates without personal ambition to the public good.

Étienne Pasquier, un avocat à l’éloquence herculéenne dans la République des Lettres (Baptiste Robaglia) 
DOI 10.4000/cliothemis.3379
Abstract:

This article deals with the identification of Étienne Pasquier with the civilizing eloquence of the Gallic Hercules. In the troubled context of the 16th century, the jurist-humanist identified himself with this eloquence that he implemented with the aim of participating in the civilization undertaken by the Republic of Letters. Pasquier thus took care to disseminate his knowledge, but also to civilize royal acts by confronting them with an ideal of justice. Behind this double meaning of eloquence then emerges the features of the Gallic hero described by Lucien de Samosate.

Jérôme Bignon (1589-1656), un juriste érudit et dévot dans la République des lettres à l’âge  confessionnel (Jean-Benoît Poulle)
DOI  10.4000/cliothemis.3410
Abstract:

Advocate General in the Parliament of Paris, Jérôme Bignon is remembered in history both as one of the great names of parliamentary eloquence, and as a highly respected scholar of the Republic of Letters for his erudition. With the help of his Vie published in 1747 by the Abbé Pérau, this article tries to better identify the links between the legal culture of a high-ranking officer, his public career, and his scholarly research, in which religious controversies occupy a central part. This also leads us to take into consideration the very great place he gives to Catholic devotion.

Varia:

What is a good book? Epistemic virtues and the role of originality in Brazilian public law scholarship (1820s - 1889) (Arthur Barrêtto de Almeida Costa)
DOI 10.4000/cliothemis.3460

Abstract:

Which virtues and vices 19th century Brazilian public opinion used to evaluate legal books and scholars? The paper analyzed the texts published in Brazilian newspapers commenting on books of public law, which are called “evaluation literature”, to answer this question. Major virtues were: utility, clarity, method, moderation; minor ones were: originality, experience, abnegation etc. This chart of values can be derived from the objectives of Brazilian legal scholarship of the time: not an academic discipline defined by research, but a technical discourse aimed at professional instruction and public intervention.

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