Due idee di giustizia: Parlamento e corpo politico nella Francia d’Antico regime
di Francesco Girasoli
Abstract: this article aims to investigate the close relationship between the idea of body politic and jurisdiction in Old Regime France. By analyzing the role of the Parliament of Paris, and the political-juridical tradition linked to it, we come to understand how the French approach to the theory of the «king’s two bodies» can be found in the idea of sovereign justice. Representing the king in judgments, judging as if he was present, being one with his body, are devices that lead Parliament and its counterparts to dispossess the sovereign of his direct ability to administer justice personally, transforming him into a simple receptacle of sovereignty. Thus, the appearance of the institution of Cassation takes on the appearance of a first reaction to this state of affairs, with the affirmation of the king as legislator and exclusive interpreter of the law.
Keywords: Parliament – organicism – fictio iuris – justice déléguée – justice retenue