The Creation of the Ius Commune: From Casus to Regula

This 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

This 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

This book concerns the transformation of Roman legal rules into the "common law" of Western Europe between 1100 and 1400. In the space of three centuries these rules, collected in the sixth-century compilation executed under the order of Emperor Justinian, were comprehensively interpreted and transformed by several generations of medieval Italian and French jurists into what became the bedrock of Western European law. In these chapters, a number of distinguished scholars survey traditional classifications of private law in order to establish the cognitive techniques used to transform Roman law into the ius commune of Western Europe. -- Jacket