Langue du droit et sociabilité dans la doctrine savante médiévale (XIIe-XIVe siècles)

Abstract

Between the twelfth and fourteenth centuries,

law progressively developed a language of institution of

the subject, by the enunciation of a discourse of truth

leading to highlighting a properly legal sociability. But,

whatever authority/body of truth it may be, law remains

however a pragmatic language. The juridical qualification

operation implemented by jurists to confront the right to

facts also builds a discourse of the plausible intended to

capture a real world, imperfect but perfectible by the

norm and its binding meaning. The order of the probable

affects in return the order of the true. Medieval jurists,

producers but also interpreters of this discourse of authority

and sociability, constantly oscillate between these

two registers, and legitimize by the discourse they produce

their capacity to produce this discourse, placing

themselves thus at the border between the articulation of

the text and its meaning