The Creation of the Ius Commune From Casus to Regula

by Cairns, John W.; du Plessis, Paul J.

• ISBN13: 9780748638970
• ISBN10: 0748638970
• Format: Hardcover
• Copyright: 2010-07-30
• Publisher: Edinburgh University Press

Summary

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 6th 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.

Author Biography

John W Cairns is Professor of Legal History at the University of Edinburgh. Paul J du Plessis is Senior Lecturer in Law at the University of Edinburgh.

Table of Contents

Preface	p. vii
List of Contributors	p. ix
List of Abbreviations	p. xi
Introduction	p. 1
The Sources of Medieval Learned Law	p. 7
The Infrastructure of the Early Ius Commune: The Formation of Regulae, or its Failure	p. 57
Ius Quaerens Intellectum: The Method of the Medieval Civilians	p. 77
Medieval Family and Marriage Law: From Actions of Status to Legal Doctrine	p. 103
The Roman Concept of Ownership and the Medieval Doctrine of Dominium Utile	p. 127
Succession to Fiefs: A Ius Commune Feudorum?	p. 143
Towards the Medieval Law of Hypothec	p. 159
The Ignorant Seller's Liability for Latent Defects: One Regula or Various Sets of Rules?	p. 175
The Glossators' Monetary Law	p. 219
Citations and the Construction of Procedural Law in the Ius Commune	p. 247
Doctoribus bona dona danda sunt: Actions to Recover Unpaid Legal Fees	p. 277
Index	p. 295
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