Between Practice and Theory: Succession Law According to Jacques Cujas (1522–1590)

Abstract

Jacques Cujas is renowned for his historical method of studying law, which he applies to the whole Corpus juris civilis. Roman law of succession is therefore reinterpreted through the humanistic technique of Cujas. Yet, the French humanist also takes into account the practical scope of inheritance law, which is the major topic of his printed consultations. Thus, succession law makes possible to confront the humanistic method of the famous romanist to its practical implementation. He tends to structure his reasoning around the Roman provisions, and the example of the will draws the Romanist framework of Cujas’ practical work. Nevertheless, he knows that knowledge cannot be artificially partitioned, according to humanist method. So, confronted with the diversity of the legal order of modern times, he resorts to complementary and rival sources, specially ‘French provisions’ (customs and royal enactments) and feudal law.