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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?

Law, Medieval --- Representative government and representation --- Legal authorities --- Authorities, Legal --- Authority in law --- Primary authorities (Law) --- Secondary authorities (Law) --- Legal research --- Medieval law --- Parliamentary government --- Political representation --- Representation --- Self-government --- Constitutional history --- Constitutional law --- Political science --- Democracy --- Elections --- Republics --- Suffrage --- Law, Medieval.

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Legal consultants --- Law, Medieval. --- Procedure (Roman law) --- Procedure (Canon law) --- History. --- History. --- History.

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The first comparative study of the relationship between law courts and substantive law in the early modern period Bringing together some of the most distinguished scholars in the field, this volume looks at the comparative development of legal practice in the early modern period across Europe. Focusing deliberately on the impact of law courts on substantive law - and not on its systematisation by learned jurists - it studies similarities and differences in the development of the law across different jurisdictions. In doing so it evaluates whether and to what extent it is possible to consider this development as a unitary and truly European phenomenon. This collection re-evaluates current debates surrounding the development of civil law in the early modern period in the context of the grand narratives of European legal history and sets out to challenge current orthodox views about early modern civil law. Key Features: - Compares late medieval to early modern civil law from a practical viewpoint - Assesses the influence of law courts on the development of substantive law - Re-evaluates and challenges current orthodox views about early modern civil law Guido Rossi is Reader in European Legal History at the University of Edinburgh.

Law --- Legal authorities. --- History.

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