Entre histoire et recta ratio (ὀρθός λόγος). Techniques des modifications latentes dans le domaine de la justice du nouvel État hellénique (1828-1831)
Between history and recta ratio. The first attempts at reconstructing the Modern Greek legal system (1828-1831)By initially outlining certain parameters that explain the multilateral framework administering justice in the newly-established Greek State during the Kapodistrian era, the study focuses o...
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| Format: | Article ou chapitre numérique |
| Language: | Français |
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2015
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| Online Access: | Accès Université d'Orléans et IFPM Accès Université d'Orléans et IFPM |
| Summary: | Between history and recta ratio. The first attempts at reconstructing the Modern Greek legal system (1828-1831)By initially outlining certain parameters that explain the multilateral framework administering justice in the newly-established Greek State during the Kapodistrian era, the study focuses on presenting legal texts from this period that reveal the early attempts made by Greek legal professionals towards a more critical approach to Byzantine-Roman law by exploiting the polysemous meaning of “recta ratio”. Their theoretical approaches reveal the critical evaluation of the legal doctrines that emerged in Western European countries under the influence of theories deriving from the School of Natural Law and the the social and economic changes in the 16th-19th centuries. At the same time though, the exploitation of “recta ratio”, a concept which, as revealed in numerous passages from Byzantine and Post-Byzantine legal literature, was deeply established in the common sense of justice of the population, indicates the evolution of a nomotechnical practice that skillfully aimed at bringing Byzantine regulations in line with novel legal principles. |
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