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The Creation of the Ius Commune
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The Creation of the Ius Commune: From Casus to Regula

John W. Cairns and Paul J. du Plessis

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 ... More

Keywords: private law, Italian jurists, French jurists, medieval scholars, Justinian's Digest, medieval law sources

Bibliographic Information

Print publication date: 2010 Print ISBN-13: 9780748638970
Published to Edinburgh Scholarship Online: March 2012 DOI:10.3366/edinburgh/9780748638970.001.0001

Authors

Affiliations are at time of print publication.

John W. Cairns, author

Paul J. du Plessis, author