Robert-Joseph Pothier
See also: Pothier
Robert-Joseph Pothier (1699 - 1772) Jurisconsult French. Robert-Joseph Pothier is born with Orleans the January 9th 1699. Raise with the college of the Jesuits of his birthplace, it obtains its license in right since 1718. Two years later, at the 21 years age, this promising young man, become to advise of the king, is named judge magistrate with the bailliage and sits Présidial of Orleans, function which already his/her father occupied. Austere manners, Pothier launched out first of all in the systematic study of the Roman law of which it acquired an unequalled knowledge of its time.
It concluded its ambition which was to gather and present, in a natural and methodical order, the maxims and the principles of the Roman law, if scattered and confused in compilations of Justinien published hitherto. Encouraged by the chancellor Henri François d' Aguesseau with whom it maintained an intense correspondence, it is young still that, only, it attacks the de-dusting of this enormous corpus. Three volumes of its Pandectae Justinianeae in novum ordinem digestae will appear in Paris of 1748 to 1752. After the publication of the 1st volume of its pandectes , Pothier will obtain from Louis XV a pulpit of French law professor in his good town of Orleans.
Thereafter professor Pothier will be interested particularly in the French right, comparing the statute laws of the countries of language of oc with the common laws of the countries of language of oil, thus providing the foundations of a national legislation.
In its Treated obligations , it develops a theory of the civil law based on the moral right. Being based on Christian morals, it is declared in particular hostile there for the use of the question , mode of interrogation running then, consistent in the use of various tortures of gradual intensity: “Torture questions and the pain answers. ” he writes.
Pothier dies out on March 2nd, 1772 in Orleans where since 1920 a college bears its name as well as the large amphitheater of the Faculty of Law of Orleans. Its work founder inspired in particular the writers of the Civil code of the French known as Napoleonean as well as the American lawyers of the XVIIIe century. Thus Robert Joseph Pothier is he the only French statufié with the capitole of Washington.
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