The Creation of the Ius Commune
：From Casus to Regula
( Edinburgh Studies in Law )
Publication subTitle ：From Casus to Regula
Publication series ：Edinburgh Studies in Law
Author： John W. Cairns;Paul J. du Plessis
Publisher： Edinburgh University Press
Publication year： 2010
E-ISBN: 9780748642922
P-ISBN(Paperback): 9780748638970
Subject： D909.9 法制史;D913.99 商法（总论）;D996 International Economic Law
Keyword： 法律
Language： ENG
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The Creation of the Ius Commune
Description
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 sources of medieval law and how to access them*the development from cases to rules*medieval lawyers' strategies for citing each other and their significance*growth of a conceptual approach to the study of law.With contributions from leading international scholars in the field, this book therefore fills an important gap in the literature. This book surveys the traditional classifications of private law to establish the cognitive techniques used by medieval Italian and French jurists to transform Roman law into the ius commune of Western Europe. Introduction: Themes and Context (Cairns and Du Plessis); 1. An Introduction to the Interpretation of Legal Technicalities (Bezemer); 2. The Citation and the Ius Commune (Helmholz); 3. Medieval Family Law (Waelkens); 4. Legal Reasoning in Contract and Delict (Gordley); 5. The Buyer’s Remedy for Latent Defects (Hallebeek); 6. Commercial Law (Ernst); 7. The Law of Unjustified Enrichment (Schrage/Dondorp); 8. The Law of Succession (Ryan); 9. The Roman Law of Property and the Reality of the Middle Ages (Rüfner); 10. Fault-lines between contract and property in the medieval law of pledge (Du Plessis); 11. Malicious litigation and the rise of the legal profession (Brundage).
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