Public law and its techniques: semantic adaptations in catalan legal practice (13th-14th centuries)
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Date
2021
Authors
Tostes, Rogelio
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Abstract
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.
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Imago temporis: medium Aevum, 2021, núm. 15, p. 335-362