摘要
肇始于1454年的习惯法编纂见证了中世纪与近代之交法国国家治理转型.习惯法编纂在实现习惯成文化的同时,确立"习惯的权威源于国王"原则,推进立法与司法领域的集权化转型.为编纂习惯法而召开的地方三级会议受国王特派官主导,展现了三级会议制度的规范化转型.习惯法编纂厘清辖区界限,消除大量飞地,初步实现王国治理空间的定型化.习惯法编纂反映法国从中古封建制国家向近代君主制国家转型的过程与特点,但由于编纂的保守性和非系统性,未能实现法国法律和治理体系的进一步统一.
Abstract
Officially initiated in 1454,the homologation of customary law coincided with the transition of the mode of governance of the French state from medieval to early modern form.In addition to codifying unwritten customs,the movement helped to establish the principle that the authority and force of customary law were derived from royal power,thus promoting the centralization of legislation and justice.The estates deliberating upon articles of customary law at the provincial and local levels were largely directed by royal commissaries,who contributed to the normalization of the estates'activities.The homologation movement also offered an opportunity for the delimitation of regional boundaries and the elimination of a large number of enclaves,thus contributing to the formation of the governance space of early modern France.While the homologation movement,in terms of its process and characteristics,reflected the evolution of France from a feudal state to a monarchical one,it nonetheless failed to achieve the complete unification of the French system of governance due to its conservative and unsystematic nature.
万方数据