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L'Hôpital's Laws

Published online by Cambridge University Press:  28 July 2010

Abstract

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Type
Forum: Response
Copyright
Copyright © the American Society for Legal History, Inc. 2010

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References

1. Loris Petris (2002) provides us a list of the works either dedicated to the chancellor or in which the authors acknowledged L'Hôpital's influence. The list is a who's who in sixteenth-century French legal science: Jean de Coras, François Bauduin, François Hotman, Barnabé Brisson, Louis Le Caron, Jacques Bongard, Etienne Pasquier, Jean Bodin, and Charles Dumoulin. To this list should be added Jacques Cujas, according to Anne Rousselet-Pimont (2005). Hanley claims that, if some authors dedicated their works to the chancellor, it was only a routine gesture to curry political favor, not to be taken as acknowledgement of intellectual debt. I am less than convinced that all these authors were simply dropping L'Hôpital's name when they had little or no respect for him. For L'Hôpital's humanist scholarship, see also Denis Crouzet (1998) and Thierry Wanegffelen (2002). Jean de Coras is highlighted in Hanley's commentary as an example of a truly accomplished legal mind worthy of genuine fame, not the “overinflated” kind of the chancellor. Interestingly, Jacques-Auguste de Thou, the author of the Histoire universelle, tells us about an incident in which Coras, suspended from his judgeship in 1562 due to his Protestant belief, personally petitioned L'Hôpital for protection; the latter obtained a royal order to reinstate him and his colleagues.

2. Gény, François, Méthode d'interprétation et sources en droit privé positif, 2nd ed. (Paris: Librairie Générale de Droit & de Jurisprudence, 1932)Google Scholar, 1:23 (no. 9).

3. van Caenegem, R. C., European Law in the Past and the Future: Unity and Diversity over Two Millennia (Cambridge: Cambridge University Press, 2002), 39Google Scholar.