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The Creation of the Ius Commune : From Casus to Regula / John W. Cairns, Paul J. du Plessis.

By: Contributor(s): Material type: TextTextSeries: Edinburgh Studies in Law : ESLPublisher: Edinburgh : Edinburgh University Press, [2022]Copyright date: ©2010Description: 1 online resource (320 p.)Content type:
Media type:
Carrier type:
ISBN:
  • 9780748638970
  • 9780748642922
Subject(s): Other classification:
  • online - DeGruyter
Online resources:
Contents:
Frontmatter -- Contents -- Preface -- List of Contributors -- List of Abbreviations -- Introduction -- 1 The Sources of Medieval Learned Law -- 2 The Infrastructure of the Early Ius Commune: The Formation of Regulae, or its Failure -- 3 Ius Quaerens Intellectum: The Method of the Medieval Civilians -- 4 Medieval Family and Marriage Law: From Actions of Status to Legal Doctrine -- 5 The Roman Concept of Ownership and the Medieval Doctrine of Dominium Utile -- 6 Succession to Fiefs: A Ius Commune Feudorum? -- 7 Towards the Medieval Law of Hypothec -- 8 The Ignorant Seller’s Liability for Latent Defects: One Regula or Various Sets of Rules? -- 9 The Glossators’ Monetary Law -- 10 Citations and the Construction of Procedural Law in the Ius Commune -- 11 Doctoribus bona dona danda sunt1: Actions to Recover Unpaid Legal Fees -- Index
Summary: Studies the transformation of Roman legal rules into the 'common law' of Western Europe in the period 1100–1400This 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 through detailed discussions of specific areas of law, it considers:The sources of medieval law and how to access themThe development from cases to rulesMedieval lawyers’ strategies for citing each other and their significanceThe growth of a conceptual approach to the study of lawWith contributions from leading international scholars in the field, this book fills an important gap in the literature.
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Item type Current library Call number URL Status Notes Barcode
eBook eBook Biblioteca "Angelicum" Pont. Univ. S.Tommaso d'Aquino Nuvola online online - DeGruyter (Browse shelf(Opens below)) Online access Not for loan (Accesso limitato) Accesso per gli utenti autorizzati / Access for authorized users (dgr)9780748642922

Frontmatter -- Contents -- Preface -- List of Contributors -- List of Abbreviations -- Introduction -- 1 The Sources of Medieval Learned Law -- 2 The Infrastructure of the Early Ius Commune: The Formation of Regulae, or its Failure -- 3 Ius Quaerens Intellectum: The Method of the Medieval Civilians -- 4 Medieval Family and Marriage Law: From Actions of Status to Legal Doctrine -- 5 The Roman Concept of Ownership and the Medieval Doctrine of Dominium Utile -- 6 Succession to Fiefs: A Ius Commune Feudorum? -- 7 Towards the Medieval Law of Hypothec -- 8 The Ignorant Seller’s Liability for Latent Defects: One Regula or Various Sets of Rules? -- 9 The Glossators’ Monetary Law -- 10 Citations and the Construction of Procedural Law in the Ius Commune -- 11 Doctoribus bona dona danda sunt1: Actions to Recover Unpaid Legal Fees -- Index

restricted access online access with authorization star

http://purl.org/coar/access_right/c_16ec

Studies the transformation of Roman legal rules into the 'common law' of Western Europe in the period 1100–1400This 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 through detailed discussions of specific areas of law, it considers:The sources of medieval law and how to access themThe development from cases to rulesMedieval lawyers’ strategies for citing each other and their significanceThe growth of a conceptual approach to the study of lawWith contributions from leading international scholars in the field, this book fills an important gap in the literature.

Mode of access: Internet via World Wide Web.

In English.

Description based on online resource; title from PDF title page (publisher's Web site, viewed 29. Jun 2022)