February 25, 2022
info:eu-repo/semantics/openAccess , https://www.openedition.org/12554
Albert Rigaudière, « Les statuts au défi de la pratique dans la France du bas Moyen Âge », Publications de l’École française de Rome, ID : 10.4000/books.efr.25914
In order to grasp all situations in which a statute appeared, I decided to follow it throughout its existence, from its ediction to its disappearance whether as a result of an abrogation or a disuse. Firstly the question of the fate of a statute once written was evoked in the multiple steps that punctuated it from its publication to its reception (qualification, diffusion, integration). Secondly the difficult obstacles encountered from its reception to its practice were described (insertion, conflicts, adaptations). Finally sometimes deviant practices were unmasked which were sources of endless dispute (public order, elections, economy). All these situations allowed us to highlight what became of a statute faced with the challenge of the plural legal order that assailed it in France in the low Middle Ages. A right that was certainly flexible, without line, tortuous, capricious, uncertain. A right that sliped away and slept while it was adapting smoothly to the changes of the urban order. "Flexible droit!" as Dean Jean Carbonnier so beautifully wrote.