This paper studies the canon law regulations on medieval commerce by examining the theories on just price developed around the c. Placuit (X. 3.17.1): a Carolingian capitular inserted in the Liber Extra. After an overview of this legal source, this essay outlines its doctrinal interpretations between the 13th and the 15th century. It will be argued that the c. Placuit represented an original canonical paradigm of just price, independent of Roman law theories of laesio enormis. This was not confined to the internal forum, as conventionally thought. Instead, it served as the normative basis for the establishment of the episcopal intervention in market regulation and the ecclesiastical jurisdiction to enforce justice in ex-change for the protection of miserabiles personae, thus shaping the social role of merchants
«Non carius vendant transeuntibus, quam in mercato vendere possunt». Note sulla portata del c. Placuit (X. 3.17.1) per la teoria canonistica del giusto prezzo (XIII-XV secolo)
De Concilio, David
2024
Abstract
This paper studies the canon law regulations on medieval commerce by examining the theories on just price developed around the c. Placuit (X. 3.17.1): a Carolingian capitular inserted in the Liber Extra. After an overview of this legal source, this essay outlines its doctrinal interpretations between the 13th and the 15th century. It will be argued that the c. Placuit represented an original canonical paradigm of just price, independent of Roman law theories of laesio enormis. This was not confined to the internal forum, as conventionally thought. Instead, it served as the normative basis for the establishment of the episcopal intervention in market regulation and the ecclesiastical jurisdiction to enforce justice in ex-change for the protection of miserabiles personae, thus shaping the social role of merchants
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