Journal article
From empire to state jurisdiction: Reclaiming Bartolus' juristic contribution
- Abstract:
- This article corrects a widespread misreading of Bartolus' contribution to framing the notion of territorial jurisdiction. Bartolus is often said to have vindicated the independence of Italian city-states (vis-Ã-vis the Holy Roman Emperor) in terms of a de facto argument. In truth, as this article shows, Bartolus' argument is focally de iure. His key contribution lies in defending the independence of city-states by appeal to Roman law, where the latter is understood as a standing set of rules decoupled from the Roman Emperor as human sovereign. Decoupling Roman law from the Roman Emperor paves the way for the 'Reception' of Roman law and embodies a sound understanding of law-making as rule-governed.
- Publication status:
- Published
- Peer review status:
- Peer reviewed
Actions
Access Document
- Files:
-
-
(Preview, Accepted manuscript, pdf, 284.0KB, Terms of use)
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- Publication website:
- https://www.ingentaconnect.com/contentone/imp/hpt/2020/00000041/00000002/art00001
Authors
- Publisher:
- Imprint Academic
- Journal:
- History of Political Thought More from this journal
- Volume:
- 41
- Issue:
- 2
- Pages:
- 193-219
- Publication date:
- 2020-01-01
- Acceptance date:
- 2019-12-18
- ISSN:
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0143-781X
- Language:
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English
- Keywords:
- Pubs id:
-
1147994
- Local pid:
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pubs:1147994
- Deposit date:
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2021-01-06
- ARK identifier:
Terms of use
- Copyright holder:
- Imprint Academic
- Copyright date:
- 2020
- Notes:
- This is the accepted manuscript version of the article. The final version is available from Imprint Academic at https://www.ingentaconnect.com/contentone/imp/hpt/2020/00000041/00000002/art00001
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