This book is concerned with the transformation of Roman legal rules into the 'common law' of Western Europe in the period 1100-1400. In the space of three centuries these rules, collected in the sixth-century compilation produced by order of the Emperor Justinian, were comprehensively analysed and transformed by successive generations of medieval Italian and French jurists into the bedrock of Western European law. Through a series of chapters, a number of distinguished scholars survey the traditional classifications of private law to establish the cognitive techniques used by these jurists to transform Roman law into the ius commune of Western Europe.
John W. Cairns is Professor of Legal History, Edinburgh University.
Paul J. du Plessis is Lecturer in Law, Edinburgh University.
Inhaltsverzeichnis
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).
