La notion de judex ordinarius en droit romano-canonique médiéval (XIIe-XVe siècle)
- Authors
- Publication Date
- May 12, 2020
- Source
- HAL-Descartes
- Keywords
- Language
- English
- License
- Unknown
- External links
Abstract
The influence of Roman law terminology on contemporary legal vocabulary is well established. Far from being restricted to the world of law, these lexicographical resources also permeate the discourse of political science. Inherited from Roman law, the notion of judex ordinarius was received and reinterpreted during the revival of legal studies in Bologna at the turn of the 11th and 12th centuries. Medieval jurists then set out to imitate the model of Roman public functions, which they transposed to civil and ecclesiastical offices, thus proposing a hierarchy of agents. The judex ordinarius, whose main characteristic was that he was endowed with a dignity, the basis for the exercise of a proper jurisdiction, i.e. one that was attached to the office, was the magistrate par excellence. His prerogatives, which are not limited to the power of jurisdiction, make him an administrator-judge. In addition, since it could be the basis for the establishment of a judicial order (ordo judiciarius), through the definition of various levels of jurisdiction, both civilists and canonists took hold of this title. In this manner, the former, for the benefit of the secular order and the latter for the ecclesiastical order, were able to determine a typology of judges and jurisdiction. Rapidly present in canon legislation, the reference to the ordinary judge, which designates in principle the judge in a given territory, then spread to secular legislation.