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The Creation of the Ius CommuneFrom Casus to Regula$
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John W. Cairns and Paul J. du Plessis

Print publication date: 2010

Print ISBN-13: 9780748638970

Published to Edinburgh Scholarship Online: March 2012

DOI: 10.3366/edinburgh/9780748638970.001.0001

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The Infrastructure of the Early Ius Commune: The Formation of Regulae, or its Failure

The Infrastructure of the Early Ius Commune: The Formation of Regulae, or its Failure

Chapter:
(p.57) 2 The Infrastructure of the Early Ius Commune: The Formation of Regulae, or its Failure
Source:
The Creation of the Ius Commune
Author(s):

Kees Bezemer

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9780748638970.003.0012

This chapter explores how and why the medieval jurists developed regulae, and assesses the central importance of the term in medieval legal thought. It discusses the designation with the word ‘regula’ of rules not found described as such in authoritative texts. Examples are taken from different areas of private law. The emphasis will be on Roman law and its interpreters between 1200 and 1400. The year 1200 is chosen because around this date the academic jurists became aware of the need to integrate law other than the Roman into a ‘system’, which later was to become known as the ius commune.

Keywords:   regulae, regula, Roman law, private law, medieval jurists

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