Paolo Grossi defends the historicity of the medieval legal experience that cannot be analyzed through a state prism as it distorts the view of the ...
Paolo Grossi defends the historicity of the medieval legal experience that cannot be analyzed through a state prism as it distorts the view of the legal phenomenon and exclusively links it to the law. Choose the correct alternative regarding the medieval legal order that influences Portuguese law.
a) The medieval Church, the institution that held the monopoly of literate culture, was mainly responsible for social norms, being the Church the builder of the Portuguese legal tradition. Factuality (law that was constituted from facts; validity yields to effectiveness) and historicity were two of its main characteristics in the Portuguese tradition.
b) Medieval law presented itself as dependent on a political structure centralized in the hands of the king, resulting in royal law.
c) Canon law functioned as a kind of commune in that it was valid in all territories.
d) Man was at the center of the cosmic order created by God, and his will was expressed in norms of social conduct.
a) The medieval Church, the institution that held the monopoly of literate culture, was mainly responsible for social norms, being the Church the builder of the Portuguese legal tradition. Factuality (law that was constituted from facts; validity yields to effectiveness) and historicity were two of its main characteristics in the Portuguese tradition.
b) Medieval law presented itself as dependent on a political structure centralized in the hands of the king, resulting in royal law.
c) Canon law functioned as a kind of commune in that it was valid in all territories.
d) Man was at the center of the cosmic order created by God, and his will was expressed in norms of social conduct.
💡 1 Resposta
Ed 
A alternativa correta é a letra a) A Igreja medieval, instituição detentora do monopólio da cultura letrada, foi principalmente responsável pelas normas sociais, sendo a Igreja a construtora da tradição jurídica portuguesa. A factualidade (lei que se constitui a partir de fatos; validade cede lugar à efetividade) e a historicidade foram duas de suas principais características na tradição portuguesa.
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