Representation and Ostensible Authority in Medieval Learned Law
When is it possible to hold valid an act done unlawfully? To answer the question; medieval civil lawyers focused mainly on the case of a slave elected praetor in the mistaken belief that he was a Roman citizen. Most jurists argued that the validity of an act should depend on the validity of its sour...
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| Format: | Online |
| Language: | German |
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Vittorio Klostermann GmbH
2025
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| Online Access: | ONIX_20250730T104037_9783465143901_4 |
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| _version_ | 1869518571077369856 |
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| author | Rossi, Guido |
| author_browse | Rossi, Guido |
| author_facet | Rossi, Guido |
| author_sort | Rossi, Guido |
| collection | Directory of Open Access Books |
| description | When is it possible to hold valid an act done unlawfully? To answer the question; medieval civil lawyers focused mainly on the case of a slave elected praetor in the mistaken belief that he was a Roman citizen. Most jurists argued that the validity of an act should depend on the validity of its source. But whilst early civil lawyers thought that the source was the person vested with some specific powers (such as the judge; the notary; etc.); later on they began to think of the person as representative of an office; and to ascribe the acts directly to the office itself. This evolution – and so; the foundations of the concept of ostensible authority – was due to the influence of canon lawyers; who had to deal with a similar problem: what if a bishop was secretly heretical? |
| format | Online |
| id | doab-20.500.12854ir-163243 |
| institution | Directory of Open Access Books |
| language | ger |
| publishDate | 2025 |
| publishDateRange | 2025 |
| publishDateSort | 2025 |
| publisher | Vittorio Klostermann GmbH |
| publisherStr | Vittorio Klostermann GmbH |
| record_format | ojs |
| spelling | doab-20.500.12854ir-1632432025-07-30T08:41:44Z Representation and Ostensible Authority in Medieval Learned Law Rossi, Guido Canon Law Medieval Law Civil Law Lawyers Ostensible Authority Learned Law Medieval Studies Judges When is it possible to hold valid an act done unlawfully? To answer the question; medieval civil lawyers focused mainly on the case of a slave elected praetor in the mistaken belief that he was a Roman citizen. Most jurists argued that the validity of an act should depend on the validity of its source. But whilst early civil lawyers thought that the source was the person vested with some specific powers (such as the judge; the notary; etc.); later on they began to think of the person as representative of an office; and to ascribe the acts directly to the office itself. This evolution – and so; the foundations of the concept of ostensible authority – was due to the influence of canon lawyers; who had to deal with a similar problem: what if a bishop was secretly heretical? 2025-07-30T08:41:43Z 2025-07-30T08:41:43Z 2019 book ONIX_20250730T104037_9783465143901_4 9783465143901 9783465043904 https://directory.doabooks.org/handle/20.500.12854/163243 ger Studien zur europäischen Rechtsgeschichte image/png Attribution-NonCommercial-NoDerivatives 4.0 International https://www.klostermann.de/ https://doi.org/10.5771/9783465143901 Vittorio Klostermann GmbH 10.5771/9783465143901 When is it possible to hold valid an act done unlawfully? To answer the question; medieval civil lawyers focused mainly on the case of a slave elected praetor in the mistaken belief that he was a Roman citizen. Most jurists argued that the validity of an act should depend on the validity of its source. But whilst early civil lawyers thought that the source was the person vested with some specific powers (such as the judge; the notary; etc.); later on they began to think of the person as representative of an office; and to ascribe the acts directly to the office itself. This evolution – and so; the foundations of the concept of ostensible authority – was due to the influence of canon lawyers; who had to deal with a similar problem: what if a bishop was secretly heretical? 10.5771/9783465143901 192b81c6-d67b-4336-ad03-1a82af6f1077 9783465143901 9783465043904 319 Frankfurt open access |
| spellingShingle | Canon Law Medieval Law Civil Law Lawyers Ostensible Authority Learned Law Medieval Studies Judges Rossi, Guido Representation and Ostensible Authority in Medieval Learned Law |
| title | Representation and Ostensible Authority in Medieval Learned Law |
| title_full | Representation and Ostensible Authority in Medieval Learned Law |
| title_fullStr | Representation and Ostensible Authority in Medieval Learned Law |
| title_full_unstemmed | Representation and Ostensible Authority in Medieval Learned Law |
| title_short | Representation and Ostensible Authority in Medieval Learned Law |
| title_sort | representation and ostensible authority in medieval learned law |
| topic | Canon Law Medieval Law Civil Law Lawyers Ostensible Authority Learned Law Medieval Studies Judges |
| topic_facet | Canon Law Medieval Law Civil Law Lawyers Ostensible Authority Learned Law Medieval Studies Judges |
| url | ONIX_20250730T104037_9783465143901_4 |
| work_keys_str_mv | AT rossiguido representationandostensibleauthorityinmedievallearnedlaw |