Jean Domat

Jean Domat (born November 30, 1625 Clermont , † March 14, 1696 Paris ) was a French legal scholar . Influenced by the doctrine of natural law , he was, along with Robert-Joseph Pothier, a key figure in the reorganization of Roman legal material in the 18th century.

Le loix civiles dans leur ordre naturel , ed. 1723.

He was a Jansenist activist and friends with Blaise Pascal . In the period from 1689 to 1695 he published his five-volume work Les lois civiles dans leur ordre naturel ( civil law in natural order ). He had set himself the task of bringing the disordered Roman laws into a systematic context. In addition to Pothier's treatises, the work is an important source for later French legislation through the Civil Code .

Ultimately, both legal thinkers were not allowed to put their dogmatic stamp on European jurisprudence and to revive a living spirit of Roman jurisprudence, because the approaches ended in hopelessness in the long term. The ideas about a pure Roman law failed because of the need for practicality, which the usus modernus forced, and then because of the revolutionary legislation based on rational law, which called for a completely new social order.

Individual evidence

↑ ^a ^b Jan Dirk Harke : Roman law. From the classical period to the modern codifications . Beck, Munich 2008, ISBN 978-3-406-57405-4 ( floor plans of the law ), § 3 no. 4 and 7.
^ Franz Wieacker : History of private law in the modern era with special consideration of German developments. Vandenhoeck u. Ruprecht, Göttingen 1952, 2nd edition 1967. pp. 322 ff. (340).
^ Franz Wieacker : History of private law in the modern era with special consideration of German developments. Vandenhoeck u. Ruprecht, Göttingen 1952, 2nd edition 1967. p. 377.

personal data
SURNAME	Domat, Jean
BRIEF DESCRIPTION	French lawyer
DATE OF BIRTH	November 30, 1625
PLACE OF BIRTH	Clermont
DATE OF DEATH	March 14, 1696
Place of death	Paris

[Harke-1] Jan Dirk Harke : Roman law. From the classical period to the modern codifications . Beck, Munich 2008, ISBN 978-3-406-57405-4 ( floor plans of the law ), § 3 no. 4 and 7.

[2] Franz Wieacker : History of private law in the modern era with special consideration of German developments. Vandenhoeck u. Ruprecht, Göttingen 1952, 2nd edition 1967. pp. 322 ff. (340).

[3] Franz Wieacker : History of private law in the modern era with special consideration of German developments. Vandenhoeck u. Ruprecht, Göttingen 1952, 2nd edition 1967. p. 377.