Christophe Archan

Les chemins du jugement

Procédure et science du droit dans l'Irlande médiévale

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    Auteur Christophe Archan
    Editeur Association de Boccard
    Distributeur Association de Boccard

    In contrast to other legal systems of the early Middle Ages, of which only a few documented laws and a few deeds and their related formulae remain, ancient Irish law, from the 7th and 8th centuries, included tracts which are surprising both in their quantity and in their quality when compared to the legal documents produced at the same time in Gaul. These tracts set out and develop, in an often methodical and detailed manner, the rules by which Irish society was governed. To a great extent, these legal rules originated in the common oral tradition. However, it is difficult to believe that they were not subjected to any external influence at the time of their writing, were it only by the style of the authors who were men of letters trained in the art of Latin writing. Irish society was greatly influenced by Roman culture, not only in religion but also, more subtly, in traditional subjects such as law. This book deals, in general, with the procedure and, in particular, with the tract Five Paths to Judgment (Cóic conara fugill). Procedure is an area which includes almost all of the branches of Irish law. Studying it therefore makes it possible to evaluate the extent of the legal discipline. It forms a homogenous whole which makes comparison possible. The use in the texts of recurring and sometimes obscure terms, bears witness to the development of a technical language among Irish scholars, the majority of whom were legal professionals. Like the other tracts, the Five Paths to Judgment is the fruit of a genuine science of law which developed in Ireland during the 7th and 8th centuries.

    Livre Broché
    Date de parution 2007-01-01
    Nbr Pages Arabes 469
    Collection Romanité et modernité du droit
    ISBN 13 978-2-7018-0227-5
    Type Nom