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The Creation of the Ius Commune: From Casus to Regula

Online ISBN:
9780748651481
Print ISBN:
9780748638970
Publisher:
Edinburgh University Press
Book

The Creation of the Ius Commune: From Casus to Regula

Published online:
22 March 2012
Published in print:
30 July 2010
Online ISBN:
9780748651481
Print ISBN:
9780748638970
Publisher:
Edinburgh University Press

Abstract

This book surveys the traditional classifications of private law to establish the cognitive techniques used by medieval Italian and French jurists to transform Roman law into the ius commune of Western Europe. It discusses in detail how medieval scholars reacted to the casuistic discussions in the inherited Roman texts, particularly the Digest of Justinian. It shows how they developed medieval Roman law into a system of rules that formed a universal common law for Western Europe. Because there has been little research published in English beyond grand narratives on the history of law in Europe, this book fills a gap in the literature. With a focus on how the medieval Roman lawyers systematised the Roman sources through detailed discussions of specific areas of law, it considers: the sources of medieval law and how to access them; the development from cases to rules; medieval lawyers' strategies for citing each other and their significance; and the growth of a conceptual approach to the study of law.

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