The Study on feudal law of Jacques Cujas and the Customs, Ordinances and Jurisprudences in the latter sixteenth-century-France

Research Project

Project/Area Number	12620006
Research Category	Grant-in-Aid for Scientific Research (C)
Allocation Type	Single-year Grants
Section	一般
Research Field	Fundamental law
Research Institution	Ehime University
Principal Investigator	NISHIMURA Takayoshi Ehime University, Faculty of Law and Letters, Department of Comprehensive Policy Making, Professor, 法文学部, 教授 (60208220)
Project Period (FY)	2000 – 2002
Project Status	Completed (Fiscal Year 2002)
Budget Amount *help	¥2,100,000 (Direct Cost: ¥2,100,000) Fiscal Year 2002: ¥900,000 (Direct Cost: ¥900,000) Fiscal Year 2001: ¥1,200,000 (Direct Cost: ¥1,200,000)
Keywords	Jacques Cuias / Theory of legal sources / Customary law / Historical analysis / Philology of the classics / Legal humanism / Institutes / Liber feudorum / 高等法院判決 / ジャックス・キュジャス / 近代法学形成史 / フランス王令 / 南仏トゥールーズ慣習法
Research Abstract	I have continued this research for three years from 2000. In my research report, I tried to investigate two revisions of "Corpus Iuris Civilis" (ed., by L.Roussard and L.Le Caron). At that time, it included "Liber feudorum", Byzantine constitutions, and Holy Roman constitutions after the sources of "Novellae", "Authenticae". In the first place, I examined into the jurist Jacques Cujas and his works, particularly his "Observationes et Emendationes (1556-1596)". And it makes clear that he used his own approach to various legal sources from early period and he had no systematic intention. And, to compare his study on Roman law with his study on feudal law (or customary law), I tried to investigate on the "Consuetudines Tolosae" and more ancient custom, "Liber feudorum". In the second, I continued to investigate on the "Coutumier" of Paris at 1510 (revised edition 1580), French king's "Ordonnance" in the latter sixteenth-century, and jurisprudences of "Parlement" of Paris and Toulouse in the sixteenth and early seventeenth centuries. Then He placed each historical source into each historical stage. This historical approach to analyze brought out a new method to study a history of law and institution in this century and the next. Finally, I examined into the relation between commentary on the "Iustiniani Institutiones" and construction of French law in the sixteenth, seventeenth and early eighteenth centuries. I think that there is a tradition of Institute style from the legal humanism to the French civil code.