'No one is a better jurist than Accursius'

Niels de Bruijn
2014 Legal History Review  
72] Summary Jacques Cujas and Hugues Doneau are reputed to be the standard-bearers of humanist jurisprudence, an approach to law which gained ground in the fifteenth and sixteenth centuries. A school averse to medieval legal science, Cujas and Doneau are likely to share its bashing attitude. Yet, in recent literature it is argued that both scholars adopted a more balanced view on medieval legal writings. This paper aims to shed light on what this view entailed, first, by investigating Cujas'
more » ... Doneau's own writings on methodology and, secondly, by examining how these jurists put their methodology to practice in their efforts to solve difficult points of law in Justinian's Codex iuris civilis. The findings allow the author to speculate on Cujas' and Doneau's position vis-à-vis medieval legal heritage on the basis of a thorough analysis of their legal reasoning.
doi:10.1163/15718190-08212p07 fatcat:3ve7ux7xtnd4rbxf7gzn357rxu