The Prince is Not Bound by the Laws.' Accursius and the Origins of the Modern State
Bibliographic Data
| ID | 2106504 |
|---|---|
| Authors | Brian Tierney (0000-0003-1607-2909, Cornell University, corresponding author) |
| Year | 1963 |
| Volume | 5 |
| Issue | 4 |
| Pages | 378-400 |
| Publication date | 1963-07-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Comparative Studies in Society and History (JOURNAL) |
| Journal identifiers | ISSN: 0010-4175 • E-ISSN: 1475-2999 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/s001041750000181x |
| OpenAlex | W2072476811 |
| Language | EN |
| Citations received | 22 |
| References cited | 11 |
It is just fifty years since the distinguished legal historian, Adhémar Esmein, addressing an international conference in London, discussed the interpretation of the Roman law maxim Princeps legibus solutus est by the medieval glossators, and the influence of their teachings on the growth of French government. Esmein thought that the glossators had perverted a doctrine of classical constitutional law, which had merely exempted the emperor from the observance of certain legal rules, into a general principle of irresponsible absolutism. Certain French constitutional lawyers of the sixteenth century, he maintained, struggled stoutly against this doctrine but, none the less, its acceptance opened the way to various abuses in French public life ranging from the arbitrary decision of legal cases to the issuance of lettres de cachet. Esmein accordingly took advantage of the occasion to congratulate his English hosts on having escaped the glossators' baneful influence
Absolute monarchy · Ancient history · Doctrine · Emperor · Government (linguistics) · Interpretation (philosophy) · Maxim · Political science · Politics · Rule of law · State (computer science) · European Political History Analysis · History · Law · Philosophy
The Last Almohads
Petani and Priyayi
Councils in Action
On the Impersonality of the Modern State
Catholic Cosmopolitanism and Human Rights
Roman Monarchy and the Renaissance Prince
Danse Macabre
Government, law and society
Introduction
Roman law
On the Rule of Law
Liberal Governmentality and the Political Theology of Constitutionalism
The Immortal Commonwealth
The individual and society
The Cambridge History of Medieval Political Thought c.350–c.1450
Cultural Studies of the Modern Middle Ages
Forum
Royal service, the common good and politics in Castile, 1250–1350
For Love of Order and Abstract Nouns
Divine Democracy
On the liberties of the ancients
Machiavelli Against Sovereignty
| Unique citing works | 22 |
|---|---|
| Citations per year | 0,43 |
| Citation span | 1975 - 2024 (50) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 18 |