Communication Dans Un Congrès Année : 2024

Quoniam rei publice interest ne maleficia remaneant impunita... L'art de la formule, entre justiciers et justiciables : un savoir partagé ?

Résumé

This article aims at shedding light on the use of formulas in the judicial sphere in Provence at the end of the Middle Ages, by examining what they reveal about those who use them as well as those who, in certain contexts, manage to appropriate and reuse them. The judicial world is profoundly marked by the use of formulas. The same types of formulas appear at key moments of the trial, and they are an integral part of the judicial ritual, indispensable to its proceedings. These judicial formulas have traditionally been studied by legal historians who have traced back their origins to legislative texts such as Justinian's Digest. These formulas mirror the mindset of the judges who employ them as well as of the justice of the time, and several images, such as the scales of justice or the instigation of the devil, are worth studying and offer insights into medieval perceptions of crime and responsibility. These formulas, rooted in a specific vision of justice, are, in some cases, reused by defendants to defend their interests, whether in defences, petitions or complaints. By grounding their complaints or their defences in the formulas of power, defendants show that they share the same values of the ones judging them and successfully manage to communicate with the judicial authorities, demonstrating strategic intelligence. The recourse to specialists of writing, in particular notaries familiar with the judicial proceedings and their formulas, proves crucial in such endeavors.

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Dates et versions

hal-05032393 , version 1 (13-04-2025)

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  • HAL Id : hal-05032393 , version 1

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Claire Allen. Quoniam rei publice interest ne maleficia remaneant impunita... L'art de la formule, entre justiciers et justiciables : un savoir partagé ?. La formule au Moyen Âge, Axelle Neyrinck (CERHIC); Elise Louviot (CIRLEP); Florence Dumora (3LAM), Jun 2024, Troyes (France), France. ⟨hal-05032393⟩
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