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Roman Law, Scots Law and Legal HistorySelected Essays$
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William Gordon

Print publication date: 2007

Print ISBN-13: 9780748625161

Published to Edinburgh Scholarship Online: September 2012

DOI: 10.3366/edinburgh/9780748625161.001.0001

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European Legal History and the Europeanisation of Law☼

European Legal History and the Europeanisation of Law☼

(p.352) 26 European Legal History and the Europeanisation of Law
Roman Law, Scots Law and Legal History

William M Gordon

Edinburgh University Press

The main aim of this article is to consider how far the study of the history of the law in Europe can assist in understanding and possibly developing a common law for Europe. The problems are considerable in the absence of the common language and concepts which underpinned the ius commune which might be, and has been, seen as a model. European legal history also discloses a tendency to fragmentation and legal nationalism as well as common ground. Fitting European legal history into a crowded curriculum is a problem and it is uncertain how far history assists in understanding current developments in European law or supports the idea of a common European law.

Keywords:   European legal history, Europeanisation, Ius commune, Legal nationalism, Legal curriculum

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