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Engraving of Antoine Loisel, from the portrait kept at the Beauvais Museum

Antoine Loysel, Seigneur of Courroy, Fouilloy and Églantier, (February 16, 1536, Beauvais[1] – April 28, 1617,[1][2] Paris[3]), is a French jurisconsult who is famous among jurists for having collected the general principles of old French customary law.

Biography

Family and youth

Son of Jean Loisel, alderman and advisor to the king elected in the election of Beauvais, and of Catherine d'Auvergne, Antoine Loisel is the brother of Philippe Loisel, civil and criminal lieutenant-general at the bailiwick of Senlis, master of the duke's requests from Anjou.

Antoine Loysel was prompted[1] to marry on August 2, 1563 with Marie de Goulas (1541–1595), first cousin of Nicolas Goulas, who is also the niece of King Dumesnil's lawyer. They had 12 children. Antoine is Guillaume Marescot's stepfather.

"He wanted to devote himself to medicine, as did his great-uncle Jean Loysel, physician to Louis XII and François I; but his father would not, saying that despite the danger to which doctors are forced to expose themselves from day to day, a doctor could only be a doctor; instead a lawyer could become president and chancellor."[4][1]

In Toulouse, where his father sent him, Loysel meets Cujas, and this master[1]" was the cause that he did not leave the science of law, of which the other doctors disgusted him because of their barbarities."[4]

He was linked by an accomplice friendship to Pierre Pithou.[1]

He was, with Nicolas Bergeron , the executor of Ramus.[5]

Career

Successor of Du Moulin, he is considered the first "thinker" of French law.

A disciple of Jacques Cujas, he followed him to Bourges. He was, therefore, trained in the method of the Humanist historians.

February 1560 : received lawyer in Paris. 1564: Attorney General in Paris

His clients included the Francis, Duke of Anjou, brother of Henry III of France, Catherine de Medici, the House of Montmorency, the chapter of Our Lady of Paris. He ended his career as a public prosecutor near the Chamber of Justice of Limoges.

Loysel was a good follower of mos gallicus, method of the humanists, but the practice would move him away from the study of Roman law and history. He is politically a defender of the king and the powers of the king and will, therefore, consider that the law must be that of the kingdom. He speaks first of a French law before speaking of a "Universal Law of our Kingdom". He believes that customs are "finally reduced to conformity, the reason for a single law", he wrote his work Institutes coutumières in 1607 whose form is Roman and the background customary.

Loysel spent 40 years on his collection of 958 maxims. It is an expression of French law in an elegant form. This is how he sets the foundations of French law by merging the rules of many customs and Roman law.

Quotes

Formulas such as these Loysel liked to find to synthesize the law into a series of legal adages, for many still valid:

Works

Customary institutes, 1607

Editions published between 1607 and 1846:

References

  1. ^ a b c d e f Charles-Louis-Étienne Truinet (1852). imprimerie C. Lahure (ed.). Éloge d'Antoine Loysel prononcé à la séance d'ouverture de la conférence de l'ordre des avocats, le 9 décembre 1852. Paris.((cite book)): CS1 maint: location missing publisher (link)
  2. ^ Notice de Institutes coutumières, manuel de plusieurs et diverses reigles, sentences, & proverbes du droit coutumier & plus ordinaire de la France par Gallica
  3. ^ "Antoine Loisel (1536-1617)". data.bnf.fr (in French)..
  4. ^ a b Joly Vie de Loysel
  5. ^ "Élèves et collaborateurs · Ramus, philosophe, humaniste, réformateur des arts et des sciences · NuBIS". nubis.univ-paris1.fr. Retrieved 2020-01-28.
  6. ^ Loysel 1607, livre I, titre I, I.
  7. ^ Loysel 1607, livre I, titre I, XXXIII.
  8. ^ Loysel 1607, livre I, titre II, I.
  9. ^ Loysel 1607, livre I, titre II, III.
  10. ^ Loysel 1607, livre II, titre V, XXVII.
  11. ^ Loysel 1607, livre III, titre I, II.
  12. ^ Loysel 1607, livre III, titre II, I.
  13. ^ a b Loysel 1607, livre IIII, titre III, XXXVI.
  14. ^ Loysel 1607, livre IIII, titre IIII, VII.
  15. ^ Loysel 1607, livre V, titre V, VII.
  16. ^ Loysel 1679, livre I, titre II, VI.
  17. ^ Loysel 1679, livre III, titre IV, I.
  18. ^ Loysel 1679, livre VI, titre I, IV.

Bibliography

Categories