Home The Creation of the Ius Commune: From Casus to Regula by John W. Cairns (Editor); Paul J. Du Plessis (Editor) (ISBN: 9780748638970)

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The Creation of the Ius Commune: From Casus to Regula Hardcover - 2010 - 1st Edition

Name: The Creation of the Lus Commune: From Casus to Regula
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Author: John W. Cairns
ISBN: 9780748638970

by John W. Cairns (Editor); Paul J. Du Plessis (Editor)

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From the publisher

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; and growth of a conceptual approach to the study of law.

From the rear cover

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.

Details

Title The Creation of the Ius Commune: From Casus to Regula
Author John W. Cairns (Editor); Paul J. Du Plessis (Editor)
Binding Hardcover
Edition number 1st
Edition 1
Pages 320
Volumes 1
Language ENG
Publisher Edinburgh University Press
Date 2010-07-30
Features Bibliography, Index
ISBN 9780748638970 / 0748638970
Weight 1.65 lbs (0.75 kg)
Dimensions 9.5 x 6.3 x 1.6 in (24.13 x 16.00 x 4.06 cm)
Ages 22 to UP years
Grade levels 17 - UP
Themes
- Chronological Period: Ancient (To 499 A.D.)
- Cultural Region: Italy
- Interdisciplinary Studies: Law Studies
Library of Congress subjects Europe, Law, Medieval
Library of Congress Catalog Number 2014495689
Dewey Decimal Code 340.55

About the author

John W. Cairns is Professor of Civil Law at the University of Edinburgh. His research interests include law and the Enlightenment, the history of Scots law, codification in Louisiana, and law and slavery. He has published two collections of essays in the Edinburgh Studies in Law series: Law, Lawyers, and Humanism: Selected Essays on the History of Scots Law, Volume 1 and Enlightenment, Legal Education, and Critique: Selected Essays on the History of Scots Law, Volume 2 (Edinburgh University Press, 2015). He is the co-editor, with Paul J. du Plessis, of The Creation of the Ius Commune: From Casus to Regula (Edinburgh University Press, 2010) and Beyond Dogmatics: Law and Society in the Roman World (Edinburgh University Press, 2007).

Paul J. du Plessis is Professor of Roman Law at the University of Edinburgh. His research focuses predominantly on the multifaceted and complex set of relationships between law and society in a historical context. Paul is an experienced editor and author. He is co-editor of the following publications: The Making of the Ius Commune: From Casus to Regula (EUP, 2010), Beyond Dogmatics: Law and Society in the Roman World (EUP, 2007), Reassessing Legal Humanism and Its Claims (EUP, 2015) and The Oxford Handbook of Roman Law and Society (OUP, 2016). He is also editor of New Frontiers: Law and Society in the Roman World (EUP, 2013), Cicero's Law: Rethinking Roman Law of the Late Republic (EUP, 2016) and Borkowski's Textbook on Roman Law (OUP, 2015).

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The Creation of the Lus Commune: From Casus to Regula

by John W. Cairns

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Hardback. New. 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.