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Jeannin, Alexandre. "Formules et formulaires : Marculf et les praticiens du droit au premier Moyen Âge (Ve-Xe siècles)". Lyon 3, 2007. https://scd-resnum.univ-lyon3.fr/in/theses/2007_in_jeannin_a.pdf.
Pełny tekst źródłaFormulas and forms, a very special category of legal documents of the first Middle Ages, can answer some of our expectations about the understanding of the law or of its regional particularities (Roman provincial law, Gemanic laws or specific groups) ; but we need to keep in mind that the compilations conserved depend on the choices of an ecclesiastical staff favorable to unity and not inclined to preserve customary diversity or to bear witness to its existence. Mis reality must be more clearly scnitinized in order to tiy to distinguish the different types of forms that have reached us. The analysis of each of these compilations according to the manuscripts and their content - for example the laws or other forms - proves to be indispensable, so that we may put in perspective the intention of the compiler or of the successive copyists. Such a preliminary work evidences a great consistency in the apparition and the overlappings of the formulas, in which Marculf evidently holds a major place. These compilations go far beyond the simple settiug of a local practice in which they are traditionally confined. If the forms should be apprehended as a source which spreads in al1 the Carolingian empire thanks to a policy of creation and diffusion of legal manuscripts, each of these compilations hoivever remains the product of a local notarial practice : this paradox allows us to wonder about the place of these foms in the debate on the personality or the territoriality of laws. An analysis of the content of these models and of their users is necessary to determine possible local particularisms connected with the sunival of former institutions or new Germanic practices, or more simply sui generis. The forms finally permit to wonder about the emergence of a territorial common law before the 12th century
Juillet, Carine. "Le Limousin du premier Moyen-Age : recherches sur le Droit et la société du Ve au Xe siècles : une terre de romanité ?" Lyon 3, 2008. https://scd-resnum.univ-lyon3.fr/in/theses/2008_in_juillet_c.pdf.
Pełny tekst źródłaThe permanency of an antique inheritage in Gaule beyond the Vth century has been proved by various studies, especially in the South provinces, hit by more strength and where its extinction happends only progressively until the end of Xth century. Sources like the Yrieix's testament lead to wonder if Limousin of the first Middle Age was also aware of institutions acquired from Rome and forms of thinking stamped with romanity. Positioning the region into the historical context offers at first the occasion to observe the attitude of the Limousin people facing the events, in order to see if they had the feeling to common values with the others southern peoples. The study of the rule of law and the exercise of justice enables as a follow to discover if an antique inheritage is detected in the usual practices and everyday life. This means of course to rise the question about the knowledge of roman law, its transmission, its utilisation but also to investigate about the way of resolving conflicts. Knowing whether a legacy of the Antiquity can be perceived in the limousine institutions leads finally to the study of structures surrounding the territory. This leads on one hand to study the land structures and to find out if the current running method is similar to the one described in other southern regions. This is the opportunity to pay attention to the farm workers and particularly at the antique slavery question and at the colliberti. Various of all laid sources leads on the other hand to public structures having over an ascendancy to try to understand
Waquet, François. "Le transfert légal de l’Empire : la lex regia entre pratique politique et modèle théorique". Electronic Thesis or Diss., Université Paris-Panthéon-Assas, 2023. http://www.theses.fr/2023ASSA0087.
Pełny tekst źródłaThe Roman political revolution of which the Twelfth Tables were the legal expression consisted in limiting the power (imperium) of magistrates through the lex, of which the people were the sole author. But the invention of Roman legalism was later and more lasting : the lex also became the source of all power in the city, making imperium a legal concept. Such legalism made it possible to confer extra-legal powers, so that the leges regiae de imperio, the repeated practice of which is attested in addition to the case of Vespasian, extended the republican form of government under the Empire. Roman jurisprudence reduced this political practice to a unitary model, the lex regia. When the Empire became Christian came into competition with Roman legalism. Nevertheless, the latter survived and continued to be used in the late Empire as a theoretical model; Justinian did not fail to take it up in his compilations, along with the Christian assertions of an imperium a Deo, but to deduce from it the unitary, indivisible, legislative and imperial character of all law. This dual heritage is reflected in the interpretations of medieval doctors, who nevertheless insisted on the legal conception of empire and, consequently, on its limits. Legal humanists, through epigraphy and history, shattered the unitary model of the lex regia by rediscovering the political practice of leges regiae de imperio, one for each prince. This contribution led to an novation of the lex regia, which went from being a royal law to becoming a law of the realm, both the source and the limit of the empire of kings claiming Roman heritage
Perbet-Charbonnier, Corinne. "Historiens et romanciers romantiques, une vision commune de la société médiévale : la formation de la nation". Aix-Marseille 3, 1986. http://www.theses.fr/1986AIX32030.
Pełny tekst źródłaRomantics historians and novelists have a same vision of medieval society. For them, it is the cradle of our modern societies, the cradle of the beginning xixe century society. When they study middle-ages, when they relive it, they are looking for their roots' novel. To be more specific, historians (and writers are following them by transposing their ideas in fiction) are looking for the roots of the nation, especially the roots of the french nation as it comes on politic stage in 1789. So, they would like to write a popular and revolutionnary history of middle-ages, in which they are looking for the premises of the nation such as it is understood in 1789, binded by the wish of living together, unitary and sovereign. Middleages, this time of people's infancy, is the age of making up nation's elements. All begins with a fantastic chaos, a conquest which overthrows established order before instituting another one, in which the winners will have all rights (political, economic) while the defeated party will be dispossessed for a long time. Feudal system ratifies this situation, more and more contested by people composed of looser' sons who shake gradually the lordly power by rebellions and revolutionnary reactions. People become liberated little by little, by the way of municipal revolution in particular
Le, Mauff Julien. "Une généalogie de la raison d'État : les racines médiévales de la pensée politique moderne". Thesis, Paris 4, 2015. http://www.theses.fr/2015PA040082.
Pełny tekst źródłaThis survey attempts to draw a new understanding of reason of State, as a key concept in modern politics and in 17th century State-centered thought. It is therefore studied backwards, in order to better describe its origins, and to understand what conditions enabled its formulation. The genealogic method is chosen as a way to conciliate the French school of the Annales and the anglo-american tradition of history of ideas, and to handle political ideas as historical artefacts. Every text and author is therefore apprehended as a part of a chain of influences and relationships, while intellectual singularities are preserved. Among the main concepts that participate in defining reason of State, necessity, public utility and legal exception evolve deeply from the 12th century, as a result of the rediscovery of ancient authors by John of Salisbury and still more by Thomas Aquinas, of recent developments in canon and roman law, and of new fiscal policies during the 13th and 14th centuries. The improvements of royal ideology, the new necessity specifically applied to political action in William of Ockham’s thought, and the rise of the concept of a sovereign State under the primary influence of Marsilius of Padua, also participate in this preparation, now centered on Italian city-states. The account ends with a view on three different definitions of reason of State, that correspond first to Machiavelli and Guicciardini, then to Botero, and finally to the legal thought of Ammirato and Canonhiero. This outcome paves the way to the triumph of Statism, and to the new developments of political theory during the Enlightenment
Grimard, Marie-Lorraine. "Pactes et contrats innomés en droit romano-canonique (XIIe-XVe siècle)". Thesis, Paris 11, 2012. http://www.theses.fr/2012PA111013.
Pełny tekst źródłaUnderstanding of private modern law would imply a large knowledge of the medieval law it is flowing from, particularly considering law of obligations. From centuries 12th to 15th, innomate contracts and pacts had risen as well as legal arrangements such as vestimenta theory. Therefore lawyers had made considerable efforts of both definition and classification. In the meantime canonists rule Ex nudo pacto actio oritur has been developed contrary to roman’s one Ex nudo pacto nulla actio oritur. Granting of action allowing punishment of any promise, even not expressly recognized by roman law, means a better taking into account of consensus.Otherwise, historians often consider innomate contracts and pacts separately. Thus, these two concepts had been artificially splitted while they should be gathered as innomate contracts are no more than pacts with a legal definition. Both ideas have to be studied together
Débourdeaux, Salles Frédérique. "La femme et le droit du Ve au VIIe siècle : le Code théodosien et ses suites". Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1083.
Pełny tekst źródłaAt the beginning of the Roman Empire era Women enjoyed a certain degree of autonomy. We wondered how it evolved when Roman civilisation had to face the durable installation of Germanic populations on its lands. We undertook to study the turning-point during the 5th to the 7th century. How did legal provisions regarding women, which were derived from the Codex Theodosianus, evolve when Barbarian kings decided in turn to enact written laws? To evaluate the impact of legislative measures on society, we have drawn upon the comments of contemporary authors and compared the text of legal dispositions with practitioners' forms. In order to measure Christian influence on imperial constitutions and on Germanic texts, we read the Fathers of the Church and conciliar decisions. We tried to grasp the reasons for the adoption of particular measures. We have attempted to examine whether it is possible to refer to "women's rights", from the Roman Empire to the Burgundian, Frankish, Visigoth and Ostrogoth kingdoms. Roman law appears to be the common thread which links the Empire to the Barbarian kingdoms, without breaking. It shaped the way women were considered in societies which had become Romano-Germanic. Law and societies' permeation by Roman mores contributed to the merging of peoples. Some Germanic customs obviously survived. Legislation sometimes drew on the fertile ground of Christian thought. We have attempted, in our research, to map these currents
Berger, Jean. "Droit, société et parenté en Auvergne médiévale (VIè-XIVè s.) : les écritures de la basilique Saint-Julien de Brioude". Thesis, Lyon, 2016. http://www.theses.fr/2016LYSE3032.
Pełny tekst źródłaAt the end of late antiquity, the Basilica of the Holy Martyr St. Julian of Brioude became the sanctuary of the patron saint of the Arverni. The prestige of the saint of Brioude and of his church remained constant both in Aquitaine and beyond, in all the Gauls. The decisive burial, in 455, of the Gallic emperor Avitus in this pivotal location, followed later by that of the Duke and Abbot William “the Pious”, demonstrates the capital importance of the site. This aura led to the production of continuous and diverse documentation throughout the Middle Ages. The comparison of the sources concerning this military saint and his veneration casts an original light on the nature of this ancient institution. In the heart of the rural vicus of Brioude, the community of the basilica, precociously placed under the royal tuitio of the Merovingian sovereigns, functioned in the manner of a small senatus. The monumental Grand Cartulaire or Liber de Honoribus reflects with force the pledging of the real estate of the region to Saint Julian in Carolingian times and during the early reigns of the Capetians. In this work, the omnipresence of the clause of lifetime usufruct characterises the Carolingian and late-Carolingian charters of Brioude during the High Middle Ages
Boestad, Tobias. "« Pour le profit du commun marchand » : la genèse de la Hanse (XIIe siècle-milieu du XIVe siècle)". Thesis, Sorbonne université, 2020. http://www.theses.fr/2020SORUL078.
Pełny tekst źródłaAlthough the commercial organisation known as the Hanse did not emerge until the second half of the 14th century, merchants from the Holy Roman Empire did not wait until then to join forces on the various marketplaces they frequented in Northern Europe. On the contrary, some of their associations could already be found in England and in the Baltic Rim at the end of the 12th century. Over time, such groupings developed into more complex organisations. Their political influence increased as they came to represent the commercial interests of all Low German cities, whereas the reference to “the common merchant’s profit” spread within them and paved the way to lasting cooperation. This study seeks to shed light on the political motives of solidarity between German merchants and cities, with particular attention to the discourses produced about it and their normative value. Its aim is to turn around the constitutionalist perspective which has characterised legal studies on the Hanse for a long time, and to highlight the legal mechanisms by which the political experiences of the 13th and early 14th centuries were able to produce an inter-municipal decision-making regime, abiding by specific rules and by its own system of principles and values. After having presented the main steps and chronological milestones in the genesis of the Hanse, this work considers the foundations of the Hanseatic community and finally the way in which some of its actors, in particular the city of Lubeck, were able to turn a political and economic cooperation into a legal principle
Laurent-Bonne, Nicolas. "Les donations entre époux : doctrine, coutumes et législation (XIIe-XVIe siècle)". Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020064.
Pełny tekst źródłaImmediately following the juridical renaissance of the 12th century and the rediscovery of the Justinian codification of Roman law, medieval jurists were committed to creating a general principle prohibiting donations between spouses. As early as the first half of the 13th century, however, civil law experts and canonists modulated the restrictions, thereby moving from strict prohibition to a simple system of revocability. French practitioners, responding to requests from married people concerned to protect their surviving spouse, contributed to weakening the constraints of Roman and canon law; promissory oaths, renunciation clauses and donations through an intermediary comprised such contrivances, which were sometimes even improvised and fraudulent. Despite this long doctrinal slide and the palliatives drawn up by notaries, such interdictions persisted over a long period of time in most territorial legislations, redrafted and repeatedly reformed according to the standards of Roman law from the high Middle Ages to the beginning of the modern times
Connes, Delphine. "Le droit des marchés au Moyen Age : du XIIe siècle au XIVe siècle". Paris 2, 2009. http://www.theses.fr/2009PA020099.
Pełny tekst źródłaSchneider, Élisabeth. "La personne dans le droit savant du 12ème au 15ème siècle". Paris 10, 2013. http://www.theses.fr/2013PA100095.
Pełny tekst źródłaConsidering the incertitude and the confusion about the juridical terminology concerning the person in positive right, it seemed necessary to start a research on the learned law, melting pot of the actual European law, with the aim to understand the misunderstandings about the notion of person in law. Our work tried to rebuild the signs who allowed the medieval jurists to build up a theory on the person in the Middle Ages. Firstly, we established the penetration of the theological definitions of person in canon law and then in civil law. By its generic character adoptable for God, the angels and the men, that of Boetius becomes the reference definition for the theologians but also for the canonists in the Middle Ages and it’s the origin of the definition of the three esse by Alexander of Hales (esse naturale, esse rationale, esse morale), that is the starting point for the contemporary distinction between physical person and moral person. Confronted to some juridical problems to be solved, the medieval jurists make a distinction between the persona vera, that means the individual person, and the persona ficta or persona repraesentata, as the universitas, making reference to the terminology used in the theological controversies. Finally, our investigation of the person in medieval law has revealed the importance of a notion of the person based on the function or role in the family and the person who holds an ecclesiastical office based on suitability. Our thesis has attempted to show the construction of the concept of person entitled through interactions between theology, Roman law and canon law
Levasseur, Aurelle. "Droit de l'urbanisme et domaine de la ville médiévale : XIIIe-XVe siécles". Paris 2, 2008. http://www.theses.fr/2008PA020056.
Pełny tekst źródłaMausen, Yves. "Veritatis adiutor : la procédure du témoignage dans le droit savant et la pratique française (XIIe-XIVe siècles)". Paris 2, 2002. http://www.theses.fr/2002PA020122.
Pełny tekst źródłaDebris, Cyrille. ""Tu, felix Austria, nube" : la dynastie de Habsbourg et sa politique matrimoniale à la fin du Moyen âge (XIIIe-XVIe siècles)". Paris 1, 2003. http://www.theses.fr/2003PA010614.
Pełny tekst źródłaLeveleux-Teixeira, Corinne. "Le blasphème entre l'Église et l'État (XIIIe-XVIe siècles)". Orléans, 1997. http://www.theses.fr/1997ORLE0004.
Pełny tekst źródłaPunishable by death under jewish law (lv. 24,16) and by the justinian legislation (novella 77), blasphemy was usually mistaken for the "nasty oath" in the feudal period and did not attract much scrutiny from western law until the xiiith century. It then benefited from the conjunction of a booming scolastic reflection and from the generalized strengthening of public order structures, so at the time it ceased to be considered only as a way to viciate a formal binding process (oath) to shift from the field of the contractual obligation to that of criminal behaviour. Whereas the theological thinking of the time, especially the thomistic one set off to deprive blasphemy fom part of its verbal specificities to consider it as a sin against faith, the legislation of the capetian kings started by philip augustus and mostly by louis ixth turned it into a crime severely punished with unusually precise dispositions. Law professors and moralists echoed these new preocupations abundantly and agreed to denounce the seriousness of the blasphematory vice or the awful danger it was for the whole social group. However, they proved unable to give a homogeneous working definition of it. As for repression itself, it faces the historian with difficulties as regards measurement and method because of the few testimonies that are left to us as well as the extensive use of understatement in the wording of the verdicts of the courts. Fairly lenient during the xiiith-xvth centuries, it then became harsher in the early xvith century under the strong influence of the french parliaments desirous to use this very vague charge to fight the protestant heresy more efficiently. State-made offence, blasphemy was then one of the main tools to control social behaviours and individual beliefs in the hands of a monarchy on its way to absolutism
Delivré, Fabrice. "L' évêque du premier siège : la papauté et l'office de primat-patriarche dans l'Occident médiéval (fin XIe-début XVIe siècle)". Paris 1, 2006. http://www.theses.fr/2006PA010703.
Pełny tekst źródłaMayali, Laurent. "L'exclusion des enfants dotés en droit savant et en droit coutumier au Moyen-âge". Montpellier 1, 1985. http://www.theses.fr/1985MON10005.
Pełny tekst źródłaForcadet, Pierre-Anne. "Conquestus fuit Domino regi : Etude sur le recours au roi de France d'après les arrêts du Parlement (1223-1285)". Electronic Thesis or Diss., Orléans, 2012. http://www.theses.fr/2012ORLE0002.
Pełny tekst źródłaThe rich and complex « Saint Louis’ Century » is a time of development of a hierarchical and professional royal justice. Hundreds of Masters are trained at the Universities. The king’s Court regularly assembles in Paris during sessions « in parlemento ». The monarchy adopts several reforms allowing an easier access to justice. The recourses are also carried against the king himself and the exactions of his agents. There are so many different types of recourses that the concept of responsibility of the royal administration seems to appear.On the other hand, an important part of the litigations is raised by men against their laïcs or ecclesiastics lords. Royal justice settles as a regulator of the feudal relationships. The judiciary appeal to the Parlement is becoming usual against the other justices. Indeed, it contributes to give concrete expression to the superiority of the king’s justice, which is now called, in French « souveraineté ».By acculturation, the demand and the supply meet and tend to dedicate royal institutions to an « ordinary court ». There are a lot of resistances from other judges, but the curia regis receives and judge impartially these complaints too, which contribute to set of a State under the rule of law
Pauthier, Philippe. "Chasse, pêche, élevage et alimentation : archéozoologie des marges occidentales du Saint-Empire romain germanique, et orientales du Royaume de France". Electronic Thesis or Diss., Sorbonne université, 2024. http://www.theses.fr/2024SORUL015.
Pełny tekst źródłaMy work explores the relationships between man and animal, from the medieval period to the modern period, through the analysis of skeletal remains in Eastern France, in a castral and urban context. This work is based on the analysis of more than 90,000 animal bone remains found on archaeological sites. These remains come from mammals, birds and fish.The aim of my research is above all to draw up a picture of the meat diet of the wealthy sections of the population - the castral nobility or the rich bourgeoisie. The main themes concern the history of butchery, the techniques for processing meat and fish, culinary choices and prohibitions, supplying cities and social characterization through food practices. Possessions of animals as luxury goods, such as dogs constituting a hunting pack, or the importation of exotic animals, also come into play.These analyzes also make it possible to better understand the specialization of each site, and to compare these sites with each other for reflection on a regional scale. The zooarchaeological results are compared with the archaeological context in which they were discovered. The analysis of the faunal spectra obtained makes it possible to observe social distinctions through diet, as well as their evolution. Asking questions about these gaps over time also means checking the sustainability of these privileged social classes
Larrea, Juan José. "Peuplement et societe en navarre de la fin du monde romain a l'age feodal (quatrieme - douzieme siecles)". Toulouse 2, 1994. http://www.theses.fr/1994TOU20022.
Pełny tekst źródłaThis dissertation studies the formation of feudalism in the kingdom of pamplona - later on navarre- and the relationship between social evolution and rural settlement. The regional theses about catalonia and the latium for example are taken as historiographic reference. The narrative and especially diplomatic written sources constitute the m basis for this work, although archaelogical, toponymic, and even onomastic data are also important. The dissertation includes four parts : 1) it goes back in time until the late empire, so that a close look at the rural settlement along fifth-eight centuries can be taken, and the society whose evolution towards feudalism is to be studied can be characterised. Contrary to the ideas generally taken for granted, we see a vasconia which shares the essential features late roman western europe. 2) the navarrese society of the ninth, tenth and beginning of eleventh centuries is analysed from five points of view : agricultural growth and settlement, monarchy and aristocracy, structures of public government problems of the great property, and vigour of the peasant little allodial property and freedom. 3) the crisis that shake social organisation inherited from the early middle ages during the central decades of the eleventh century is looked at fall of the traditional power structure and beginning of the feudal organization of aristocracy, installation of the sei banale and shaping of the group of milites. It is a deep upheaval which nevertheless developed under the apparent continuity of the ancient public sovereignty. 4) finally an image of the navarrese feudal society until mid twelfth cent is given. This part focuses on the evolution of the peasant state, and especially on the differences between the seigneu structure of the ancient navarre and that of the southern territory -conquered from the muslims and colonized from mid eleventh century on-, and also on the consequences of those differences as far as settlement patterns are concerned. The breaking-up of the lordship authority in ancient navarre brings about the fossilization of the net of little settlements
Alteroche, Bernard d'. "De l'étranger à la seigneurie à l'étranger au royaume : XIe-XVe siècle". Paris 2, 2000. http://www.theses.fr/2000PA020027.
Pełny tekst źródłaPortet, Pierre. "Bertrand Boysset, arpenteur arlésien de la fin du Moyen Age (vers 1355/1358 - vers 1416), et ses traités techniques d'arpentage et de bornage : étude, édition du texte provençal d'après le manuscrit Carpentras, bibl. mun., no 327 et commentaire de "La siensa de destrar" et de "La siensa d'atermenar"". Toulouse 2, 1995. http://www.theses.fr/1995TOU20060.
Pełny tekst źródłaThe land surveyor bertrand boysset was born at arles crica 1355 and he wrote two technicals treatises dealing with land surveying and bounding. These writings remain the first known for the western middle ages. They are of low mathematical level and they show a great concern for precision in land measuring. They also show in a very realistic way the pratices of land surveying in the early 15th century
Charageat, Martine. "Mariage, couple et justice en Aragon à la fin du Moyen Âge". Paris 1, 2001. http://books.openedition.org/psorbonne/10061.
Pełny tekst źródłaArtagnan, Isabelle d'. "Le pilori au Moyen âge dans l'espace français". Electronic Thesis or Diss., Sorbonne université, 2019. http://www.theses.fr/2019SORUL102.
Pełny tekst źródłaDuring the 12ᵗʰ century, at the heart of the French kingdom’s towns that thrive thanks to the development of trade, a new monument, embodying the local high justice and its foothold on the urban space, emerges. While this armorial stake, called « pillory » from the beginning, is indeed a penal device used to submit criminals to popular punishment, it has many other uses. The pillory also prevents scandals, helps protect peace on the market, where it stands, and embodies the balance of power between the different urban jurisdictions. Despite the pillory’s central location in the urban landscape, its study has been long neglected by historiography. The ongoing renewal of medieval justice studies since the 1990s encourages an analysis of the pillory as thorough as the recently-studied gallows have been. In order to expose the many facets of both the pillory and the punishment bearing the same name, an anthropological approach was favored, focusing on the stories of all the different people who were faced with these objects of justice. This brought us to explore the storytelling strategies of the judges and lawyers who contributed to the pillory’s invention and its subsequent fast spread throughout the entire kingdom. We then observe how the meanings and uses of the public exhibition sentence evolve as new jurisdictions make it their own. In the meantime, we describe how the public takes over the penal ritual, and how it rebuilds trust in each other. Finally, a sociography of the convicted to the pillory leads to broader thoughts on the fate of the infamous in medieval society
Hamel, Sébastien. "La justice d'une ville : Saint-Quentin au Moyen Âge". Paris 1, 2005. http://www.theses.fr/2005PA010573.
Pełny tekst źródłaFauvinet-Ranson, Valérie. "Les cités d'Italie dans le premier tiers du VIe siècle : patrimoine monumental romain et spectacles d'après les Variae de Cassiodore". Paris 10, 2000. http://www.theses.fr/2000PA100164.
Pełny tekst źródłaArtagnan, Isabelle d'. "Le pilori au Moyen âge dans l'espace français". Thesis, Sorbonne université, 2019. http://www.theses.fr/2019SORUL102.
Pełny tekst źródłaDuring the 12ᵗʰ century, at the heart of the French kingdom’s towns that thrive thanks to the development of trade, a new monument, embodying the local high justice and its foothold on the urban space, emerges. While this armorial stake, called « pillory » from the beginning, is indeed a penal device used to submit criminals to popular punishment, it has many other uses. The pillory also prevents scandals, helps protect peace on the market, where it stands, and embodies the balance of power between the different urban jurisdictions. Despite the pillory’s central location in the urban landscape, its study has been long neglected by historiography. The ongoing renewal of medieval justice studies since the 1990s encourages an analysis of the pillory as thorough as the recently-studied gallows have been. In order to expose the many facets of both the pillory and the punishment bearing the same name, an anthropological approach was favored, focusing on the stories of all the different people who were faced with these objects of justice. This brought us to explore the storytelling strategies of the judges and lawyers who contributed to the pillory’s invention and its subsequent fast spread throughout the entire kingdom. We then observe how the meanings and uses of the public exhibition sentence evolve as new jurisdictions make it their own. In the meantime, we describe how the public takes over the penal ritual, and how it rebuilds trust in each other. Finally, a sociography of the convicted to the pillory leads to broader thoughts on the fate of the infamous in medieval society
Lefebvre, Jean-Luc. "Recherches sur la preuve par record dans les pays wallons au bas Moyen âge". Paris 2, 1991. http://www.theses.fr/1991PA020004.
Pełny tekst źródłaThe study of the records in this area with carlovingian culture leads us to day revising the scaling of the differents means of proving in civils courts. The records of courts where conclusive. It anables us to understand better the reasons which explain why the middle ages people made some many writs which were to be used when the members of the courts were dead. It opens new horizons about the medieval society where the prud'hommes (probi homines), the bonnes gens (boni homines) and the hommes de loi (homines legales) were not only notables but also faithful and loyal king's officers
Siméant, Clarisse. "Le rattachement des principautés à la Couronne de France : procédure d'union et privilèges (XIIIe-XVIe siècles)". Paris 11, 2005. http://www.theses.fr/2005PA111012.
Pełny tekst źródłaSaadaoui, Lotfi. "Les modes de construction au Maghreb médiéval d'après la pratique et les textes juridiques". Paris, EPHE, 2014. http://www.theses.fr/2014EPHE4006.
Pełny tekst źródłaThe legal malékites sources of medieval period bring many information relative to the constructions. But what is their relevance confronted with the techniques of construction and with the archeological realities ? Our work tries to answer this question. A preliminary research on the construction of the legal rules revealed the existence of difference of view within the rite malékite. We are then attached to study the various constructive elements quoted in sources by confronting ceaselessly legal texts and material testimonies. Walls, openings and materials constitute an important part of our work which was also attached to the recommendations relative to the work hydraulics and in the management of waste water. So, through the legal sources and archeological observations it is a new image of the urban organization of the medieval Maghreb that is so proposed
Bauducco, Laure. "Le rôle stratégique du navire marchand du moyen-âge à nos jours". Aix-Marseille 3, 1999. http://www.theses.fr/1999AIX32001.
Pełny tekst źródłaOn several occasions the merchant ship can be allocated some powers exceeding the trade field. Then it becomes a national strategic instrument either for military missions or public ones. This is far from being a new phenomenon and the middle-age provides many evidences of the strategic role played then by the merchant ship. This work intends to deal first with the uses of merchant ships since the middle-age in france for extracommercial purposes and in a second part to analyse the different judicial means used by the state to launch these private vessels. The aim is to show the importance of the strategic role played by the merchant ship since the beggining of the navy in france, and to stress the fact that this role is still with us
Bocquillon, Anne-Marie. "Le roi dans ses forêts de Cuise, Laigue, Retz du XIIIe au XVe siècle". Paris 1, 2000. http://www.theses.fr/2000PA010627.
Pełny tekst źródłaDürr, Élise. "Le serment promissoire dans les chansons de geste des XIe et XIIe siècles". Paris 4, 2005. http://www.theses.fr/2005PA040140.
Pełny tekst źródłaConventional act of high social significance, oath is both a sign and a ratification of man's becoming part of a society. Il is thus easy to understand the importance of oath in the feudal system which is totally based on personal bonds and which strengh precisely lies in the juridical nature of these bonds. Indeed, oath proves to be the only possible form of commitment in the juridical sphere. The fact that oath was from the origins on equivalent to law derives from the sacred dimension of oath; when taking the promissory oath, man commits his faith as well as he commits himself to achieving what was sworn in the name of God. No longer contingent, the thus predicted future fits the sole logic of necessity; the speaker of a promissory oath abolishes future at the same time he utters it. Scrutinizing the instances of oath taken from the five chansons de geste which make up the corpus will make it possible to investigate the paradox held in this rather unique juratory performance
Briand, Julien. "L'information à Reims aux XIVe et XVe siècles". Paris 1, 2012. http://www.theses.fr/2012PA010704.
Pełny tekst źródłaLassalle, Juliette. "Entre Provence, Ligurie et Piémont : litiges territoriaux et conflits d'alpages de la haute vallée de la Roya (XII-XVè siècles)". Paris 1, 2008. http://www.theses.fr/2008PA010684.
Pełny tekst źródłaBidot-Germa, Dominique. "Les notaires de la principauté de Béarn à la fin du Moyen Âge : essai prosopographique". Pau, 2004. http://www.theses.fr/2004PAUU1002.
Pełny tekst źródła" The notaries of the principality of Bearn. . . " were set to draw up the joint portrait of Bearn's public writing practicians during the 14th and 15th centuries and to define notary mediation as best as possible. A first focus of interest deals with the right and power of writing in the medieval Bearn. These notaries illustrate the perpetuation of a legitimate legal and scriptural roman culture, by christian Spain, of whitch the "Fors" were late bearers. Moreover, as the 13th century, the Bearn notaries created a law issued from the confrontation between "forale" and scholar normes. However the practicians are also the reflection and the spokesmen of their society. They reveal that the peasantry was the dynamic category and that the Bearn low-medieval communaty assigned to conservatism, whereas the Modern State in the principality began to come out, for which the notaries invested the structures
Nikichine, Marie. "La justice échevinale, la violence et la paix à Douai (fin XIIe - fin XVe siècle)". Paris 1, 2011. https://hal.archives-ouvertes.fr/hal-01482316.
Pełny tekst źródłaKálnoky, Nathalie. "Les constitutions et privilèges de la Noble Nation Sicule : acculturation et maintien d'un système coutumier dans la Transylvanie médiévale". Paris 10, 2002. http://www.theses.fr/2002PA100035.
Pełny tekst źródłaIn most modern-and ancient - societies, the rules relating to property form the core of social and political institutions. A study of history of law must analyse the historical evolution of the possession of estate in legal terms. In Hungary during the 13th century, the communauty of Szeklers (documented since the 11th century but whose origins are still a matter of debate) received collectively the donation of a territory (Terra Siculorum, Székelyfôld) at the Eastern border of the kingdom. In exchange for this royal grant, the community incurred the obligation of military service in defence of the border. With this donation the royalty also recognised the Szeklers' "common law", founded on a tribal and military structure - most probably comprising tribes of several ethnic origins. .
Garnier, Florent. "Le consulat de Millau au Bas Moyen Age : finances, pouvoir et société". Paris 2, 2002. http://www.theses.fr/2002PA020120.
Pełny tekst źródłaOulion, Rémi. ""Nam contra legem non scribant" Notaires et scriptores face à la norme dans la Toscane du haut Moyen Âge (VIIe-XIe siècles)". Thesis, Clermont-Ferrand 1, 2012. http://www.theses.fr/2012CLF10393.
Pełny tekst źródłaThe question of « the place of the jurist before the norm » a current subject in positive law, can possibly be posed for western Europe in the Early Middle Ages. Tuscany, politically integrated into the Lombard kingdom but situated at the crossroad of the juridical traditions of a fragmented Italian peninsula, constitutes a favorable terrain for the study of the relationship between the practitioners of law and the normative fabric of the early medieval period. In effect, Italy,the cradle of Roman culture and of modern public notaries, was the melting pot for atypical or mixed law and mingledRoman and German legislative foundations and customs.In this framework, Tuscany appears as a peripheral region, devoid of any juridical initiative, simply receiving Lombard, Carolingian, and Roman legal innovations. However, beyond compliance with gradually fixed legislative texts,the notaries had to deal with constantly changing formulary models, customary practices, social needs, and individual desires. The association of these factors, sovereign and customary, constituted the valid normative order of the day in thecreation of legal documents.Throughout these five centuries of history, notaries thus had to be much more flexible and inventive than issuggested by the rigid, a priori formalism of early medieval legal documents, and each scribe disposed of his ownjuridical, graphical, and linguistic expertise. Within the imposing mass of Tuscan documents, one finds sub-Regionalforms but also clear peculiarities, on both the local and individual levels, denoting a culture in symbiosis with time, space,and man
Il problema del « posto del giurista di fronte alla norma », argomento di attualità in diritto positivo, si può affrontare anche per l'Europa occidentale dell'alto Medioevo. La Toscana, integrata politicamente nel regno longobardo ma situata all'incrocio delle tradizioni giuridiche di una penisola italica frammentata, costituisce un campo favorevole peruno studio dei rapporti tra i tecnici del diritto e il tessuto delle norme alto-medievali. Infatti l'Italia, culla della romanità edel notariato pubblico moderno, è il crogiolo di un diritto atipico in cui coabitano e si intrecciano i fondamenti legislativie consuetudinari romani e germanici.In questo ambito, la Toscana appare come una regione periferica e vergine per ogni iniziativa giuridica, che silimita ad accogliare le novità giuridiche longobarde, carolingie e romaniche. Comunque, al di là del rispetto dei testilegislativi poco a poco fossilizzati, i notai devono misurarsi con i modelli dei formulari, con le pratiche consuetudinarie, ibisogni sociali e le volontà individuali sempre in movimento. Il complesso di queste regole, regie e consuetudinarie,costituisce l'ordine normativo valido nel giorno della redazione di un atto.Quindi, nel corso di questi cinque secoli di storia, il notariato deve essere molto più flessibile e inventivo diquanto lascia supporre il formalismo a priori rigido degli atti alto-medievali, ed ogni scriba utilizza la sua personaleabilità giuridica, grafica e linguistica. Nell'imponente massa documentaria toscana, si distingono delle trame di formulariinfra-regionali ma anche delle chiare peculiarità, a livello locale e a quello dell'individuo singolo, rivelando una veracultura in simbiosi col suo tempo, il suo spazio e gli uomini
Nemo-Pekelman, Capucine. "Iudaeorum querellae. . . : la législation relative aux Juifs, de la fin de l'Empire romain au début du Moyen Age occidental (IVe-VIIe siècles)". Paris 10, 2005. http://www.theses.fr/2005PA100160.
Pełny tekst źródłaThe imperial constitutions of the IVth and Vth centuries relating to the Jews are for the most part regarded as theologically motivated. We propose to show that these laws were born out of a contentious judicial context which was not subjugated to a univocal ideological line. Petitioned in its judicial capacity, the chancellery had to motivate its decisions by objective legal standards. Other considerations weighted on the decision making process : financial and fiscal factors, the necessities of evergetism, as well as political and sometimes diplomatic calculations. The personalities of those who contributed to the creation of the law can not be discarded either. While the law of the Early Middle Ages was primarily the work of clerics, it did not obey to a strictly theological view, as these men of the Church were at the same time political actors. Their work was that of compromise under the nature of their relations with the secular power and with the Jews
Bernard, Philippe. "Cantus romanus : l'Eglise de Rome et son chant liturgique des origines à la fin du XIIIe siècle". Paris 4, 1993. http://www.theses.fr/1993PA040214.
Pełny tekst źródłaThe aim of this dissertation was to study cultural life at Rome in the middle ages, through the story of its liturgical chant. Its origins go back to late antiquity, perhaps to the “little peace of the church”, a forty-years period which preceded the persecution of Diocletian. At this time were composed the most ancient chants, that is the canticles and the tracts: the in directum psalmody. From the end of the fourth century, it became customary to add a refrain allowing the faithful to respond to the versicles sang by the soloist; responsorial psalmody took its origins during this period. Towards the end of the fifth century, a new corporation, the schola cantorum, reelaborated the chants, gave them a richer ornamentation and shortened them. The psalm in directum became the modern tract and the responsorial psalm became the modern gradual. The schola also composed new liturgical chants: the offertory and the alleluia. The roman chant was fully achieved towards the end of the seventh century. It then came into Gaul from 742 on, where it was adopted by the Frankish church. There took place a hybridation between Roman and Frankish chants. Gregorian chant is the result of this contamination. From the ninth century, it conquered the whole Europe and destructed the old Milanese, Benevento and Spanish chants
Bougard, François. "Le Royaume d'Italie de la fin du VIIIe siècle au début du XIe siècle : institutions, pouvoirs et société". Paris 1, 1993. http://www.theses.fr/1993PA010518.
Pełny tekst źródłaThe carolingian administration of the italian kingdom is based on the material support of the royal estates and palaces. The capitularies are the legislative source : a rather significative number of them are specifically dedicated to italy, whose autonomy is thus maintained beside the other parts of the carolingian empire. Their application is reflected in the royal privileges and in the private charters. The daily social impact is also perceptible through the study of justice and other forms of settling disputes. In the civil public courts are working judges more and more specialized, with a clear social homogeneity. They reached decisions by applying procedures of increasing variety and complexity, who allowed them to conclude more and more cases. This however did not obviate the settlement of disputes by compromise, nor the development of other forms of justice, like the criminal one, where religious authority is preponderant, or the "private" courts of the seigneurial estates
Gilardeau, Éric. "L'ordre public dans la jurisprudence civile d'après les arrêtistes : Bas Moyen âge-XVIIIe siècle". Paris 12, 2000. http://www.theses.fr/2000PA122008.
Pełny tekst źródłaLeyte, Guillaume. "Domaine et domanialité publique dans la France médiévale : XIIe-XVe siècles". Paris 2, 1993. http://www.theses.fr/1993PA020060.
Pełny tekst źródłaThe purpose of this thesis is to show the origins of the public domain in medieval france, where the "edit de moulins", of 1566, is generally considered as the first statute declaring the inalienability of the crown lands. In fact, the glossators, much earlier than the 16th century, have established that the public possessions had a particular nature. The french monarchy has also tried to give a special juridic regime to her goods. In the towns too, streets, places, bridges are subject to public usage and utility. The first part of this work tends to analyze the notion of domaniality throughout juridic doctrine, royal legislation and jurisprudence, and town statutes. The second part shows how a specific regime is attached to public possessions, linked to public interest and public utility
Bottin, Henri-Louis. "Le Prince, la Ville et la Loi : contribution à l'étude de la norme écrite à partir des statuts de Nice (XII-XVe siècles". Nice, 2008. http://www.theses.fr/2008NICE0063.
Pełny tekst źródłaThe statutes and privileges of Nice for the closing period of the Middle Ages (XIIth to XVth centuries) were of various sorts (urban statutes, privileges of Princes, general prescriptions etc. ). All copied into the same volumes they represent the ius proprium of Nice. This unrevised assortment makes it possible to study mediaeval law in its original context as normative acts. Their authors, the Prince and the City, can act separatly, but also together. In this way legal form was given to the main areas in which political power was exercised in the Middle Ages (governance, justice, taxation, municipal institutions etc. ). The plurality of law makers entails a wide diversity of sources for particular law, sources which later and their place in the sources of the ius commune. The particular law in written form is by nature a privilege : its creation and continuance are founded juridically on the plenitudo potestatis of the Prince, and politically on the fidelity of the City
Barré, Éric. "Les actes se rapportant à la vie maritime dans les registres de l’échiquier de Normandie conservés aux archives départementales de Seine-Maritime : Saint-Michel 1336 - Saint Michel 1497". Caen, 2004. http://www.theses.fr/2004CAEN1402.
Pełny tekst źródłaGuéraud, Luc. "Contribution à l'étude du processus coutumier au Moyen Age : le viage en Poitou". Rennes 1, 2007. http://www.theses.fr/2007REN1G006.
Pełny tekst źródłaThe study of the "droit de viage et de retour", inheritance system bas-poitevin, questions the formation of the customary law in the Middle Ages from the Xth to the XIIIth century. This practice, which transfers the noble inheritances at first to the brothers of the same generation, before making return for the elder, son of the elder brother, is born in the powerful family of Thouars. The strength of this house was, contrary to the others who practise the collateral devolution, to maintain the memory of this transmission. The unique practice so became a common usage. The submission with the seigneuries bas-poitevines also allowed its spreading to establish a customary strait. The political power appears as constituent of the custom. The XIIIth century is finally going to allow the normative consecration of the practice and its technical modalities are going to become refined. The evolution of the structures of the lineage, of the memory and political, more than the influence of the legal science, so led to dedicate the viage in custom
Beaulande-Barraud, Véronique. "Excommunication et pratiques sociales dans la province écclésiastique de Reims du IVeme concile de Latran au concile de Trente (1215-1545)". Reims, 2000. http://www.theses.fr/2000REIML015.
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