Public law and its techniques: semantic adaptations in catalan legal practice (13th-14th centuries)
This article tackles the analyse of how the techniques used by Catalan jurists in the 14th century regulated an in abstracto model of application to public law. The intellectual situation of these jurists juxtaposed the demands of the Principality’s indigenous antecedents and the use of ratio generalem of these Romanist precepts. Thus a new casuistic that gave substance to the semantics of the local legal discourse was revealed. The reception of this law went beyond the absorption of the repertoires defined by the legal schools, as this reception opened the way for a modus of articulating reality and discursive practice, the latter representing a field of normative effectiveness. Thus, how the ratio iuris publici of the legists came to hierarchise the valances of the legal orders, in which the naturalising form of public order conferred a stabilising sense to the arrangments of medieval pactism.
Journal or Serie
Imago temporis: medium Aevum, 2021, núm. 15, p. 335-362