JOURDAN (Athanase) – REPORT ON THE COMPETITION OPEN IN PARIS FOR THE CHAIR OF ROMAN LAW VACANT UPON THE DEATH OF MR. BERTHELOT
JOURDAN (Athanase) – REPORT ON THE COMPETITION OPEN IN PARIS FOR THE CHAIR OF ROMAN LAW VACANT UPON THE DEATH OF MR. BERTHELOT
    JOURDAN (Athanase)
    REPORT ON THE COMPETITION OPEN IN PARIS FOR THE CHAIR OF ROMAN LAW VACANT UPON THE DEATH OF MR. BERTHELOT
Édition :
    Paris
Date :
    1819
    octavo, half green morocco, smooth spine, (worn binding), fresh interior, 400 p.
    This document is fundamental to the history of the recruitment of law faculty professors, as well as to understanding legal teaching and science immediately following the Civil Code. It is, in fact, a verbatim record kept by the founder of the Thémis (the French law school) of all the tests in the competition held in 1819 to replace Berthelot. We follow the nine candidates (eight after the last one, "struck by a sudden indisposition upon taking the podium," withdrew from the competition) through their three exercises: 1) a presentation on a randomly drawn question, with preparation in a private room; 2) a 24-hour lecture; 3) a discussion of the theses, not by the jury, but by each of the other candidates, which gives rise to a series of "banana peels" between the candidates, the likes of which one would not imagine could be repeated today. The text also informs us about legal science and shows the Paris Faculty of Law caught red-handed in its pandecticism, so true is the constant back-and-forth between the civil law of the Code and Roman law, and so much so that candidates do not hesitate to propose maintaining Roman law solutions in the silence or even ambiguity of the Civil Code. It is striking, however, to note that the old French Romanist doctrine seems to be condemned, with the exception of Cujas. This relationship was established by Athanase Jourdan, founder of the journal Thémis. Allusions to it can be found in one of the early issues of this journal. Very rare. (Not found at Harvard, not found at Berkeley). Handwritten annotations of very precise corrections have been made, which could be in the hand of the author or a candidate.

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Mots-clés : Roman Law - Ancient Laws

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