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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

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Institution:
University of Oxford
Division:
SSD
Sub department:
Law Faculty
Role:
Author


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:
0143-781X


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