El empleo del «espíritu de las leyes» en el siglo XVII

Abstract

This article examines the legacy and origins of Jean Domat legal vision (1625–1696), challenging the traditional interpretation of his works, as exposed in Jean-Luc Chartier’s recent monograph: Jean Domat: Le précurseur du Code Civil (2024). The commentary re-evaluates Domat’s intellectual contributions arguing that the author should be understood not only as a systematic jurist aligned with the rationalist traditions of his time, but also as a theoretical legal thinker who pioneered methodological frameworks that anticipated modern legal theory. It also highlights Domat’s lesser-studied role as a moral jurist deeply committed to social justice, especially for the poor, and it explores how this ethical vision influenced his legal writings and professional conduct. Moreover, the transnational impact of Domat’s work is underscored through its widespread translation and adaptation in England, Spain, Italy, and the Netherlands, where his methodology served to legitimize local systems of positive law.