Paolo Grossi's A History of European Law PDF

By Paolo Grossi

ISBN-10: 140515294X

ISBN-13: 9781405152945

This publication explores the advance of legislation in Europe from its medieval origins to the current day, charting the transformation from legislations rooted within the Church and native neighborhood in the direction of a attractiveness of the centralised, secular authority of the kingdom.

  • Shows how those adjustments replicate the broader political, fiscal, and cultural advancements inside ecu history
  • Demonstrates the variety of traditions among ecu states and the chances and obstacles within the look for universal ecu values and goals

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Ius commune was a law created by jurists, by those steeped in legal learning – judges, notaries, advocates and above all scholars. indd 29 1/20/2010 10:54:51 AM 30 medieval roots immersed in the tangible nature of the legal experience. They did not hesitate to make themselves available, whether as advisers to those who wielded power; as legal counsel to the parties in a case or to the judge; or as practising advocates or notaries. The ius commune was born out of the complex dialogue that these jurists set up between the facts of contemporary life and the rules laid down in the texts of ancient Rome.

The jurists read the Corpus iuris with the eyes of late medieval man; they interpreted it in the light of the novel demands which pressed upon them. In effect, their interest in classical culture leant more towards style than substance. As we shall see, it is this anachronism that will later lead the humanists to scorn the scholastics as ignorant and asinine, since their interpretations of the classical material were not faithful to its original significance and indeed were often a travesty of it.

This late medieval law without a state can be likened to the handiwork of a class of skilled tradesmen engaged in the construction of a large building. 7 The ius commune was, as we have said, a law without borders, as is proper for a scholarly discipline. It always searched for universal solutions and rejected artificial political barriers, as the extraordinary circulation of teachers and students in late medieval Europe demonstrates. These cultural pilgrims travelled from one university centre to another, and claimed citizenship of a republic of letters to which all mankind might belong.

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A History of European Law by Paolo Grossi

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