The Creation of the Ius Commune : From Casus to Regula
The Creation of the Ius Commune : From Casus to Regula
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Author(s): Cairns, John W.
ISBN No.: 9780748638970
Pages: 320
Year: 201007
Format: Trade Cloth (Hard Cover)
Price: $ 192.81
Dispatch delay: Dispatched between 7 to 15 days
Status: Available

ShoutlineA unique study of the manner in which legal doctrine developed in the high Middle AgesSeasonal blurbsMain DescriptionThis 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 , 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.AI blurbShoutlineA unique study of the manner in which legal doctrine developed in the high Middle AgesThis 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, with contributions from leading scholars in the field, 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.


Selling Points*Transformation of specific areas of law is not commonly treated in literature on the ius commune*Little being written on this topic in English, the book makes European literature/debates accessible to an English-language audience*The book brings together the views of some of the most distinguished scholars in the field*The book focuses on private law which is under-researched in comparison with canon law or medieval public lawSelling Points*Transformation of specific areas of law is not commonly treated in literature on the ius commune, which has hitherto focused on grand narratives*Little being written on this topic in English, the book makes European literature/debates accessible to an English-language audience*The book brings together the views of some of the most distinguished scholars in the field*The book focuses on private law which is under-researched in comparison with canon law or medieval public law.


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