The Creation of the Ius Commune: From Casus to Regula

John W. Cairns; Paul J. du Plessis

Published by Edinburgh University Press 2010

The Creation of the Ius Commune

From Casus to Regula

John W. Cairns and Paul J. du Plessis

In the series Edinburgh Studies in Law

https://doi.org/10.1515/9780748642922

Overview
Contents

About this book

Studies the transformation of Roman legal rules into the 'common law' of Western Europe in the period 1100–1400

This book 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 an important 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
The growth of a conceptual approach to the study of law

With contributions from leading international scholars in the field, this book fills an important gap in the literature.

Topics

Frontmatter Publicly Available Download PDF	i
Contents Publicly Available Download PDF	v
Preface Publicly Available Download PDF	vii
List of Contributors Publicly Available Download PDF	ix
List of Abbreviations Publicly Available Download PDF	xi
Introduction John W Cairns and Paul J du Plessis Requires Authentication Unlicensed Licensed Download PDF	1
1 The Sources of Medieval Learned Law Harry Dondorp and Eltjo J H Schrage Requires Authentication Unlicensed Licensed Download PDF	7
2 The Infrastructure of the Early Ius Commune: The Formation of Regulae, or its Failure Kees Bezemer Requires Authentication Unlicensed Licensed Download PDF	57
3 Ius Quaerens Intellectum: The Method of the Medieval Civilians James Gordley Requires Authentication Unlicensed Licensed Download PDF	77
4 Medieval Family and Marriage Law: From Actions of Status to Legal Doctrine Laurent L J M Waelkens Requires Authentication Unlicensed Licensed Download PDF	103
5 The Roman Concept of Ownership and the Medieval Doctrine of Dominium Utile Thomas Rüfner Requires Authentication Unlicensed Licensed Download PDF	127
6 Succession to Fiefs: A Ius Commune Feudorum? Magnus Ryan Requires Authentication Unlicensed Licensed Download PDF	143
7 Towards the Medieval Law of Hypothec Paul J du Plessis Requires Authentication Unlicensed Licensed Download PDF	159
8 The Ignorant Seller’s Liability for Latent Defects: One Regula or Various Sets of Rules? Jan Hallebeek Requires Authentication Unlicensed Licensed Download PDF	175
9 The Glossators’ Monetary Law Wolfgang Ernst Requires Authentication Unlicensed Licensed Download PDF	219
10 Citations and the Construction of Procedural Law in the Ius Commune Richard H Helmholz Requires Authentication Unlicensed Licensed Download PDF	247
11 Doctoribus bona dona danda sunt1: Actions to Recover Unpaid Legal Fees James A Brundage Requires Authentication Unlicensed Licensed Download PDF	277
Index Requires Authentication Unlicensed Licensed Download PDF	295

(Deutsch)

Language: English
Publisher: Edinburgh University Press
Audience: College/higher education;
Pages
- Main content: 320
Keywords: Law

eBook

Published: July 30, 2010
ISBN: 9780748642922