The Creation of the Ius Commune: From Casus to Regula
The Creation of the Ius Commune: From Casus to Regula
Cite
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.
-
Front Matter
-
Introduction
John W Cairns andPaul J du Plessis
-
1
The Sources of Medieval Learned Law
Harry Dondorp andEltjo J H Schrage
-
2
The Infrastructure of the Early Ius Commune: The Formation of Regulae, or its Failure
Kees Bezemer
-
3
Ius Quaerens Intellectum: The Method of the Medieval Civilians
James Gordley
-
4
Medieval Family and Marriage Law: From Actions of Status to Legal Doctrine
Laurent L J M Waelkens
-
5
The Roman Concept of Ownership and the Medieval Doctrine of Dominium Utile
Thomas Rüfner
-
6
Succession to Fiefs: A Ius Commune Feudorum?
Magnus Ryan
-
7
Towards the Medieval Law of Hypothec
Paul J du Plessis
-
8
The Ignorant Seller’s Liability for Latent Defects: One Regula or Various Sets of Rules?
Jan Hallbeek
-
9
The Glossators’ Monetary Law
Wolfgang Ernst
-
10
Citations and the Construction of Procedural Law in the Ius Commune
Richard H Helmholz
-
11
Doctoribus bona dona danda sunt: Actions to Recover Unpaid Legal Fees
James A Brundage
-
End Matter
Sign in
Personal account
- Sign in with email/username & password
- Get email alerts
- Save searches
- Purchase content
- Activate your purchase/trial code
- Add your ORCID iD
Purchase
Our books are available by subscription or purchase to libraries and institutions.
Purchasing informationMonth: | Total Views: |
---|---|
October 2022 | 3 |
October 2022 | 1 |
October 2022 | 2 |
October 2022 | 6 |
October 2022 | 2 |
October 2022 | 4 |
October 2022 | 3 |
October 2022 | 2 |
October 2022 | 2 |
October 2022 | 1 |
October 2022 | 11 |
October 2022 | 2 |
October 2022 | 4 |
October 2022 | 5 |
October 2022 | 2 |
October 2022 | 5 |
October 2022 | 2 |
November 2022 | 2 |
November 2022 | 3 |
November 2022 | 4 |
November 2022 | 3 |
November 2022 | 2 |
November 2022 | 2 |
November 2022 | 2 |
November 2022 | 2 |
December 2022 | 2 |
December 2022 | 6 |
December 2022 | 1 |
December 2022 | 1 |
December 2022 | 1 |
January 2023 | 2 |
January 2023 | 4 |
January 2023 | 1 |
January 2023 | 1 |
February 2023 | 3 |
February 2023 | 1 |
February 2023 | 7 |
February 2023 | 1 |
February 2023 | 1 |
March 2023 | 4 |
March 2023 | 41 |
March 2023 | 1 |
March 2023 | 4 |
March 2023 | 2 |
March 2023 | 3 |
April 2023 | 1 |
April 2023 | 8 |
April 2023 | 1 |
April 2023 | 1 |
May 2023 | 1 |
May 2023 | 1 |
May 2023 | 1 |
May 2023 | 1 |
June 2023 | 2 |
June 2023 | 3 |
June 2023 | 1 |
July 2023 | 2 |
July 2023 | 2 |
July 2023 | 4 |
July 2023 | 1 |
July 2023 | 1 |
August 2023 | 2 |
August 2023 | 2 |
August 2023 | 2 |
August 2023 | 1 |
September 2023 | 1 |
September 2023 | 2 |
September 2023 | 1 |
September 2023 | 1 |
September 2023 | 1 |
September 2023 | 1 |
September 2023 | 1 |
September 2023 | 1 |
September 2023 | 1 |
September 2023 | 1 |
September 2023 | 1 |
September 2023 | 1 |
September 2023 | 1 |
September 2023 | 1 |
September 2023 | 2 |
October 2023 | 1 |
October 2023 | 3 |
October 2023 | 4 |
November 2023 | 1 |
November 2023 | 2 |
November 2023 | 9 |
November 2023 | 3 |
November 2023 | 2 |
December 2023 | 4 |
December 2023 | 7 |
December 2023 | 2 |
January 2024 | 2 |
January 2024 | 3 |
January 2024 | 1 |
February 2024 | 2 |
February 2024 | 1 |
February 2024 | 4 |
February 2024 | 1 |
March 2024 | 1 |
March 2024 | 2 |
March 2024 | 1 |
March 2024 | 1 |
March 2024 | 1 |
April 2024 | 1 |
April 2024 | 1 |
April 2024 | 7 |
April 2024 | 1 |
May 2024 | 3 |
May 2024 | 2 |
May 2024 | 3 |
May 2024 | 3 |
June 2024 | 1 |
June 2024 | 3 |
June 2024 | 6 |
July 2024 | 1 |
July 2024 | 3 |
July 2024 | 1 |
July 2024 | 4 |
August 2024 | 1 |
August 2024 | 2 |
August 2024 | 1 |
August 2024 | 1 |
August 2024 | 1 |
August 2024 | 3 |
August 2024 | 1 |
August 2024 | 1 |
August 2024 | 1 |
August 2024 | 2 |
August 2024 | 2 |
August 2024 | 1 |
August 2024 | 1 |
August 2024 | 2 |
August 2024 | 1 |
August 2024 | 2 |
September 2024 | 1 |
September 2024 | 1 |
October 2024 | 1 |
October 2024 | 6 |
October 2024 | 2 |
October 2024 | 1 |
October 2024 | 6 |
October 2024 | 13 |
November 2024 | 3 |
November 2024 | 2 |
November 2024 | 5 |
November 2024 | 2 |
November 2024 | 2 |
November 2024 | 2 |
November 2024 | 2 |
December 2024 | 3 |
January 2025 | 1 |
January 2025 | 1 |
January 2025 | 2 |
February 2025 | 1 |
February 2025 | 1 |
February 2025 | 2 |
February 2025 | 1 |
February 2025 | 2 |
February 2025 | 3 |
February 2025 | 2 |
February 2025 | 4 |
March 2025 | 2 |
March 2025 | 1 |
April 2025 | 2 |
Get help with access
Institutional access
Access to content on Oxford Academic is often provided through institutional subscriptions and purchases. If you are a member of an institution with an active account, you may be able to access content in one of the following ways:
IP based access
Typically, access is provided across an institutional network to a range of IP addresses. This authentication occurs automatically, and it is not possible to sign out of an IP authenticated account.
Sign in through your institution
Choose this option to get remote access when outside your institution. Shibboleth/Open Athens technology is used to provide single sign-on between your institution’s website and Oxford Academic.
If your institution is not listed or you cannot sign in to your institution’s website, please contact your librarian or administrator.
Sign in with a library card
Enter your library card number to sign in. If you cannot sign in, please contact your librarian.
Society Members
Society member access to a journal is achieved in one of the following ways:
Sign in through society site
Many societies offer single sign-on between the society website and Oxford Academic. If you see ‘Sign in through society site’ in the sign in pane within a journal:
If you do not have a society account or have forgotten your username or password, please contact your society.
Sign in using a personal account
Some societies use Oxford Academic personal accounts to provide access to their members. See below.
Personal account
A personal account can be used to get email alerts, save searches, purchase content, and activate subscriptions.
Some societies use Oxford Academic personal accounts to provide access to their members.
Viewing your signed in accounts
Click the account icon in the top right to:
Signed in but can't access content
Oxford Academic is home to a wide variety of products. The institutional subscription may not cover the content that you are trying to access. If you believe you should have access to that content, please contact your librarian.
Institutional account management
For librarians and administrators, your personal account also provides access to institutional account management. Here you will find options to view and activate subscriptions, manage institutional settings and access options, access usage statistics, and more.