The Creation of the Ius Commune: From Casus to Regula (Edinburgh Studies in Law) - Hardcover

Hardcover

ISBN 10: 0748638970 ISBN 13: 9780748638970

Publisher: Edinburgh University Press, 2010

Synopsis

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 *growth of a conceptual approach to the study of law. With contributions from leading international scholars in the field, this book therefore fills an important gap in the literature.

About this title

About the Author

John W. Cairns is a legal historian and graduate of the University of Edinburgh (LLB PhD). His research interests cluster around law and the Enlightenment, the history of Scots law, codification in Louisiana, and law and slavery. He is a fellow of the Royal Society of Edinburgh (FRSE) and Professor of Legal History in the University of Edinburgh. Paul J du Plessis is a legal historian who holds a PhD (Law) from the Erasmus University, Rotterdam. His research interests include Roman law, medieval interpretations of Roman law, the historical development of the civilian tradition in mixed jurisdictions, the relationship between law and history as well as between law and society in a historical context. Secondary research interests include the development of European Private Law, Comparative Law and International Private Law..

From the Back Cover

This book is concerned with the transformation of Roman legal rules into the 'common law' of Western Europe in the period 1100-1400. In the space of three centuries these rules, collected in the sixth-century compilation produced by order of the Emperor Justinian, were comprehensively analysed and transformed by successive generations of medieval Italian and French jurists into the bedrock of Western European law. Through a series of chapters, a number of distinguished scholars survey the traditional classifications of private law to establish the cognitive techniques used by these jurists to transform Roman law into the ius commune of Western Europe. John W. Cairns is Professor of Legal History, Edinburgh University. Paul J. du Plessis is Lecturer in Law, Edinburgh University.

Edition details

• Publisher: Edinburgh University Press
• Publication date: 2010
• Language: English
• ISBN 10: 0748638970
• ISBN 13: 9780748638970
• Binding: Hardcover
• Number of pages: 320
• Editor: John W. Cairns, Paul J. Du Plessis