Jean Domat
Encyclopedia
Jean Domat, or Daumat French
jurisconsult, was born at Clermont in Auvergne
.
, where he befriended Blaise Pascal
, and later law at Bourges
. After his promotion in 1645, he practised law in Clermont
and was appointed a crown prosecutor there in 1655. In 1683, he retired from this office with a pension from Louis XIV
to concentrate on his scholarship.
Together with d'Autreserre, Favre
and the Godefroy brothers, Domat was one of the few later French scholars of Roman law
of international significance. His principal work, Les lois civiles dans leur ordre naturel (1689, 68 later editions) was to become one of the principal sources of the ancien droit on which the Code Napoleon was later founded. In line with earlier Humanist
attempts to transform the seemingly random historical sources of law into a rational system of rules, it presented the contents of the Codex Iustinianis in the form of a new system of natural law
. After Doneau's more thorough but less consistent Commentarii iuris civilis (1589), the Lois were the first work of this type of pan-European significance.
He was closely in sympathy with the Port-Royalists, and on Pascal's death, he was entrusted with his private papers.
He is principally known from his elaborate legal digest, in three volumes, under the title of Lois civiles dans leur ordre naturel (1689), an undertaking for which Louis XIV
settled on him a pension of 2000 livres. A fourth volume, Le Droit public, was published in 1697, a year after his death.
This is one of the most important works on the science of law that France has produced. Domat endeavoured to found all law upon ethical
or religious principles, his motto being "L'homme est fait par Dieu et pour Dieu.
The major work of Jean Domat, The civil Laws in their natural order, marked profoundly the doctrine of the ancient French law. It was an attempt to establish a system of French law on the basis of moral principles. Supporter of a Cartesian juridical order, Domat builds a work of private law hard marked by a Jusnaturaliste and Romanist footprint. Domat's grand plan was to set out a scheme of Christian law for France in a rationalist view.
He performed the bold and extraordinary feat of recasting the entire mass of existing Roman law and restating it concisely in what he believed to be a rational system. Having organized and condensed the principles of civil law, this work, well-known by the fathers of Code, brings a big part of the structure of the Napoleonic code.
By its will to display law, to rationalize it, following Grotius, Domat brings an intellectual tool necessary to codify. The thought of Domat is the second authority, in importance, of the Civil Code of Lower Canada
beside the work of Pothier.
Besides the Lois Civiles, Domat made in Latin
a selection of the most, common laws in the collections of Justinian I
, under the title of Legum delectus (Paris, 1700; Amsterdam, 1703); it was subsequently appended to the Lois civiles. His works have been translated into English. Domat died in Paris on the 14th of March 1696.
In the Journal des savants for 1843 are several papers on Domat by Victor Cousin
, giving much information not otherwise accessible.
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
jurisconsult, was born at Clermont in Auvergne
Auvergne (province)
Auvergne was a historic province in south central France. It was originally the feudal domain of the Counts of Auvergne. It is now the geographical and cultural area that corresponds to the former province....
.
Biography
Domat studied the humaniora in ParisParis
Paris is the capital and largest city in France, situated on the river Seine, in northern France, at the heart of the Île-de-France region...
, where he befriended Blaise Pascal
Blaise Pascal
Blaise Pascal , was a French mathematician, physicist, inventor, writer and Catholic philosopher. He was a child prodigy who was educated by his father, a tax collector in Rouen...
, and later law at Bourges
Bourges
Bourges is a city in central France on the Yèvre river. It is the capital of the department of Cher and also was the capital of the former province of Berry.-History:...
. After his promotion in 1645, he practised law in Clermont
Clermont
-In Canada:*Clermont, Abitibi-Témiscamingue, Quebec*Clermont, Capitale-Nationale, Quebec-In France:* Clermont, Ariège, in the Ariège département* Clermont, Haute-Savoie, in the Haute-Savoie département* Clermont, Landes, in the Landes département...
and was appointed a crown prosecutor there in 1655. In 1683, he retired from this office with a pension from Louis XIV
Louis XIV of France
Louis XIV , known as Louis the Great or the Sun King , was a Bourbon monarch who ruled as King of France and Navarre. His reign, from 1643 to his death in 1715, began at the age of four and lasted seventy-two years, three months, and eighteen days...
to concentrate on his scholarship.
Together with d'Autreserre, Favre
Antoine Favre
Antoine Favre, baron of Pérouges, was a French nobleman and jurist.After studies in Paris and Turin, he practiced law in Chambéry...
and the Godefroy brothers, Domat was one of the few later French scholars of Roman law
Roman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
of international significance. His principal work, Les lois civiles dans leur ordre naturel (1689, 68 later editions) was to become one of the principal sources of the ancien droit on which the Code Napoleon was later founded. In line with earlier Humanist
Renaissance humanism
Renaissance humanism was an activity of cultural and educational reform engaged by scholars, writers, and civic leaders who are today known as Renaissance humanists. It developed during the fourteenth and the beginning of the fifteenth centuries, and was a response to the challenge of Mediæval...
attempts to transform the seemingly random historical sources of law into a rational system of rules, it presented the contents of the Codex Iustinianis in the form of a new system of natural law
Natural law
Natural law, or the law of nature , is any system of law which is purportedly determined by nature, and thus universal. Classically, natural law refers to the use of reason to analyze human nature and deduce binding rules of moral behavior. Natural law is contrasted with the positive law Natural...
. After Doneau's more thorough but less consistent Commentarii iuris civilis (1589), the Lois were the first work of this type of pan-European significance.
He was closely in sympathy with the Port-Royalists, and on Pascal's death, he was entrusted with his private papers.
He is principally known from his elaborate legal digest, in three volumes, under the title of Lois civiles dans leur ordre naturel (1689), an undertaking for which Louis XIV
Louis XIV of France
Louis XIV , known as Louis the Great or the Sun King , was a Bourbon monarch who ruled as King of France and Navarre. His reign, from 1643 to his death in 1715, began at the age of four and lasted seventy-two years, three months, and eighteen days...
settled on him a pension of 2000 livres. A fourth volume, Le Droit public, was published in 1697, a year after his death.
This is one of the most important works on the science of law that France has produced. Domat endeavoured to found all law upon ethical
Ethics
Ethics, also known as moral philosophy, is a branch of philosophy that addresses questions about morality—that is, concepts such as good and evil, right and wrong, virtue and vice, justice and crime, etc.Major branches of ethics include:...
or religious principles, his motto being "L'homme est fait par Dieu et pour Dieu.
The major work of Jean Domat, The civil Laws in their natural order, marked profoundly the doctrine of the ancient French law. It was an attempt to establish a system of French law on the basis of moral principles. Supporter of a Cartesian juridical order, Domat builds a work of private law hard marked by a Jusnaturaliste and Romanist footprint. Domat's grand plan was to set out a scheme of Christian law for France in a rationalist view.
He performed the bold and extraordinary feat of recasting the entire mass of existing Roman law and restating it concisely in what he believed to be a rational system. Having organized and condensed the principles of civil law, this work, well-known by the fathers of Code, brings a big part of the structure of the Napoleonic code.
By its will to display law, to rationalize it, following Grotius, Domat brings an intellectual tool necessary to codify. The thought of Domat is the second authority, in importance, of the Civil Code of Lower Canada
Civil Code of Lower Canada
Civil Code of Lower Canada was the civil code in force in Lower Canada from July 1, 1866 to June 30, 1867 and in Quebec from July 1, 1867 to December 31, 1993...
beside the work of Pothier.
Besides the Lois Civiles, Domat made in Latin
Latin
Latin is an Italic language originally spoken in Latium and Ancient Rome. It, along with most European languages, is a descendant of the ancient Proto-Indo-European language. Although it is considered a dead language, a number of scholars and members of the Christian clergy speak it fluently, and...
a selection of the most, common laws in the collections of Justinian I
Justinian I
Justinian I ; , ; 483– 13 or 14 November 565), commonly known as Justinian the Great, was Byzantine Emperor from 527 to 565. During his reign, Justinian sought to revive the Empire's greatness and reconquer the lost western half of the classical Roman Empire.One of the most important figures of...
, under the title of Legum delectus (Paris, 1700; Amsterdam, 1703); it was subsequently appended to the Lois civiles. His works have been translated into English. Domat died in Paris on the 14th of March 1696.
In the Journal des savants for 1843 are several papers on Domat by Victor Cousin
Victor Cousin
Victor Cousin was a French philosopher. He was a proponent of Scottish Common Sense Realism and had an important influence on French educational policy.-Early life:...
, giving much information not otherwise accessible.