Duty of sovereign and legal inequality. Aspects on doctrine of privilege in the Old Regime
Abstract
The article examines the privilege as an essential instrument for the societies of the Old Regime. It was used to distinguish what was convenient for all the community, particularly when what was intended was «to give everyone his right on his merits». To reward the good (or the ones who served the king with suitable servitude). The goal was to grant favors as a gracious decision, not as a case of justice, and this was so until the 19th century. The instruments to differentiate between legality and justice extended their competence to, because the public power of the king never disassembled his private interests with regard to the public duties of the kingdom representatives: justice stood for different types of grants.
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