Entre Derecho tradicional y Derecho recibido: las repúblicas municipales de Vasconia durante la Edad Moderna

Abstract

The political relevance and representativity of Basque and Navarran municipalities from the ancient regime derived from the fact that they were constituted as republics integrated by a community of juridical subjects, the connection of which with those republics was of a spatial character. Their autonomy, built up by the ius commune, is derived from Natural Law and is carried out by exercising the iurisdictio, which allowed for their own judicial instances and for the elaboration of their own set of legislation. As from the dissociation of that order, brought about as a result of written culture, in traditionally elaborated law and received law, it is possible to identify the fundamental characteristics of each.