French Literature Reviews - 2026
Yves Sassier, Le prince et la loi en Occident
History, Politics and Society
In Greece 2,500 years ago, law was not conceived merely as an instrument for a ruler to issue commands, impose prohibitions, and inflict punishment. Above all, it served as a fundamental point of reference that legitimized, framed, and restrained the actions of those in power. The prince was expected to submit to a legal order superior to his own will.
In the Middle Ages, the rediscovery of the Roman legal corpus inherited from Emperor Justinian and of Aristotle’s ethical and political works profoundly transformed reflections on the purpose and means of power: was the prince capable of determining what was just or unjust solely through his own will? Did he have to recognize the sovereignty of the people or a representative elite in decision-making?
Exploring two millennia of the history of law in our European civilization, the author shows that the emergence of written rules almost immediately oriented itself toward the realization of a 'common good', the primary beneficiaries of which would be the governed multitude. This approach to law would evolve in step with religious, socio-economic, political, and cultural shifts, prior to the absolutist upheavals of the 15th century.
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An article dedicated to this work can be read on laviedesidees.fr…
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Table of Contents
Foreword
Chapter I: The Greco-Roman Heritage of Legality
I. The Greek Origins
A. The emergence of a civilization of law
B. Law: A mere artificial convention or the expression of absolute justice? Greek thought and its Roman legacy
II. The Heritage of Rome
A. Laws, customs, and the praetor's edict in the time of the Republic
B. From the law-making people to the law-making prince
Chapter II: The Prince and the Law in the Early Middle Ages
I. Germanic Kingships and the Necessity of 'Making Law'
A. The Visigoths
B. The Burgundians
C. The Salian Franks and the Salic Law
II. Conceptions of the Principle of Legality
A. The Visigothic Kingdom and the Breviary of Alaric (6th century)
B. The Frankish Kingdom and the precept of King Clothair I
C. Return to the Visigothic World (7th century): Isidore of Seville; King Chindasuinth’s *Liber judiciorum*
III. The Impact of the Christian Dimension of Royal Office on the Prince’s Relationship to the Law
A. In Merovingian Times: A Prologue-style Text
B. Carolingian Legislation
IV. 10th–11th Centuries: The Ebbing of Legislative Activity
Chapter III: The Incursion of Justinian and the Reinvention of Law (12th–14th Centuries)
I. The Birth of a Science of Law
II. Early Borrowings: Ivo of Chartres (Late 11th Century)
III. Glossators and Post-glossators (12th–14th Centuries): Convergences and Divergences on Three Key Themes
A. The Transfer of Legislative Power from the People to the Prince: Delegation or Abdication?
B. Proponents of *princeps legibus solutus est*; Resistances: The reaction of John of Salisbury (12th century); The positions of Azo and Accursius (13th century)
C. The Hierarchy of Norms: Law versus Custom
Chapter IV: The Aristotelian Avalanche (13th–14th Centuries): The Contribution of Philosophy to the Notion of 'Common Profit' as the Foundation of Monarchical Legislative Capacity
I. The Renaissance of Aristotle’s Ethical and Political Philosophy
II. Substantive Conditions for Good Legislation
A. Law in the Service of Divine Truth: Vincent of Beauvais and Guibert of Tournai
B. Law in the Service of Natural Reason and Practical Realities: Thomas Aquinas and Giles of Rome
C. The Aristotelianism of Philippe de Beaumanoir: 'Common profit' as the *causa finalis* of royal sovereignty
III. Formal Conditions: The Collegiality of Decision-Making
A. The Constitution *Humanum esse*: Divergent contributions of the Romanists
B. Deliberation in a Restricted Council, an Enlarged Council, or a Popular Assembly? Capetian practice from the reign of Philip IV the Fair
C. A Constitutionalist Approach to Legislative Activity? Thomas Aquinas, Giles of Rome, Marsilius of Padua, Nicole Oresme
General Conclusion
The history of legal thought in the West is deeply rooted in the tension between individual sovereign will and the collective adherence to established norms. This intellectual tradition draws upon the Greco-Roman legacy, where law was viewed as a framework to restrain power rather than a mere tool for command. The work examines the transition from ancient concepts of legality to the medieval integration of Roman jurisprudence and Aristotelian philosophy, tracing how the pursuit of the common good became a foundational justification for monarchical authority.
Central to this historical inquiry is the shifting role of the prince in relation to the governed. The text covers the transition from Germanic kingships and early medieval custom toward the formal legislative structures that emerged with the rediscovery of Justinian’s corpus. By examining the influence of scholastic thinkers and the formalization of decision-making processes, the study highlights how political legitimacy became tied to the realization of common profit. Readers interested in the development of constitutional thought and the history of political philosophy may find this historical overview relevant.