Does Gallicanism know the idea of a legal order?.

Luchinin Ivan Igorevich

This article aims to acquaint the reader with the development of Bartolism and Gallicanism in France in the sixteenth and seventeenth centuries, and to explore the scientific legal ideas of the Gallican lawyers and learn what Gallicanism and French Bartolism brought new to the science of law. When writing the article the author used methods of historical analysis, synthesis and historical-legal method. The article examines the Gallican liberties, the totality of national customs and traditions and French law within the ecumenical law of the Church. The research has led to the conclusion that the Gallican jurists, did not attach importance to the social aspect of law, its development and life, which limited their knowledge of law, because they only studied law in the framework of individual legal monuments and written sources of law. The idea of a legal order that does not simply denote institutional and political reality seems to be absent from Gallican theorie. This article will provide a better understanding of the theory of Gallicanism and French Bartolism and the role played by 16th and 17th century French jurists in the development of the science of law.

Keywords:Gallicanism; Bartolism; France; science of law; legal science; caconic law; Church; legal order; international law; custom; freedoms of the Church; Roman law; methodology.