Medieval Roman law
Medieval Roman law is the continuation and development of ancient
Rediscovery of ancient Roman law
Although some legal systems in western Europe in the
The era of the glossators
The ancient Roman law texts were not very explicit about matters of principle, and the commentators found it necessary to develop the
Initially the rediscovered Roman law was not the law of any particular country or institution, but as lawyers trained in the concepts of Roman law came to dominate the legal profession, Roman law came to have an immense effect on law as actually practiced. For example, torture was reintroduced into Europe as a means of acquiring evidence, usually when there was half-proof or more against a defendant but not yet sufficient proof for conviction.
The era of the postglossators
The
Later influence
Roman law often acted (except in England) as a "common law" (
Roman law was in part incorporated in later codifications of continental law such as the Napoleonic Code and hence formed a core of their successors, the civil law systems of modern European and other countries.
Roman law also had wide influence on Western political theory. Questions such as the scope and limits of government and the permissibility of tyrannicide were seen in legal terms and discussed by writers whose primary training was in law.[8] These ideas formed the basic of modern constitutionalism, generally "constitutional law" and many elements of its specific rhetoric.
References
- ^ Berman, Law and Revolution, ch. 3; Stein, Roman Law in European History, part 3.
- ^ Franklin, Science of Conjecture, ch. 2.
- ^ "Roman Law".
- ^ "Roman Law".
- ^ Stein, Roman Law in European History, p. 64.
- ^ Franklin, Science of Conjecture, p. 277.
- ^ Bellomo, The common legal past of Europe.
- ^ Pennington, The Prince and the Law; Canning, The Political Thought of Baldus de Ubaldis.
Bibliography
- Atzeri, Lorena Roman Law and Reception, EGO - European History Online, Mainz: Institute of European History, 2017, retrieved: March 8, 2021 (pdf).
- Manlio Bellomo. The Common Legal Past of Europe, 1000-1800. Washington, DC: The Catholic University of America Press, 1995.
- ISBN 0-674-51774-1.
- Cairns, John W; Paul J du Plessis (2010). The Creation of the Ius Commune: From Casus to Regula. Edinburgh: Edinburgh University Press. ISBN 978-0-7486-3897-0. Archived from the originalon 2012-12-21. Retrieved 2011-12-16.
- Canning, Joseph (1987). The Political Thought of Baldus de Ubaldis. Cambridge: Cambridge University Press. ISBN 0-521-32521-8.
- ISBN 0-8018-6569-7. Archived from the original on 2008-02-07.)
{{cite book}}
: CS1 maint: bot: original URL status unknown (link - Tamar Herzog. A Short History of European Law: The Last Two and a Half Millennia. Cambridge, Mass.: Harvard University Press, 2018.
- Randall Lesaffer. European Legal History: A Cultural and Political Perspective. Trans. Jan Arriens. Cambridge: Cambridge University Press, 2009.
- Enrico Pattaro, ed. A Treatise of Legal Philosophy and General Jurisprudence. 12 vols. Dordrecht–London–NY: Springer, 2006–16.
- Andrea Padovani & Peter Stein, eds. A Treatise of Legal Philosophy and General Jurisprudence, vol. 7: The Jurists’ Philosophy of Law from Rome to the Seventeenth Century. Dordrecht–London–NY: Springer, 2016.
- Damiano Canala, Paolo Grossi, & Hasso Hofmann, eds. A Treatise of Legal Philosophy and General Jurisprudence, vol. 9: A History of the Philosophy of Law in the Civil Law World, 1600-1900. Dordrecht–London–NY: Springer, 2009.
- Pennington, Kenneth (1993). The Prince and the Law, 1200-1600: Sovereignty and rights in the Western legal tradition. Berkeley: University of California Press. ISBN 0-520-07995-7.
- Heikki Pihlajamaki et al., eds. The Oxford Handbook of European Legal History. Oxford: Oxford University Press, 2018.
- O.F. Robinson et al. European Legal History: Sources and Institutions, 3rd edn. Oxford: Oxford University Press, 2005.
- Stein, Peter (1999). Roman Law in European History. Cambridge: Cambridge University Press. ISBN 0-521-64372-4.
- Bart Wauters & Marco De Benito. The History of Law in Europe: An Introduction. Edward Elgar, 2017.