By Paolo Grossi
This e-book explores the improvement 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 acceptance of the centralised, secular authority of the country. exhibits how those alterations replicate the broader political, fiscal, and cultural advancements inside eu historyDemonstrates the range of traditions among ecu states and the probabilities and boundaries within the look for universal eu values and ambitions
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Extra info for A History of European Law (Making of Europe)
For this reason, the division made by this eleventh-century bishop from Chartres between ius divinum and ius humanum has stood the test of time and is still considered valid to this day by the Roman Catholic Church when interpreting its laws. From a legal historical point of view, we should highlight one further conclusion: the dominant influence of the Church of Rome and of its legal system in the Middle Ages means that the flexibility of human canon law becomes representative of the entire medieval legal process.
This system also includes, secondarily, the authority of ius dicere (‘declaring the law’) – the role of making the law manifest to the prince’s subjects. Yet, in reality, the prince must come to terms with a constitution fashioned from legal customs which he was not responsible for creating and which, moreover, includes the prince himself under its jurisdiction as much as it does the lowliest of his subjects. 14 medieval roots One might object that amongst the primary legal sources of the early Middle Ages, there are a number of legislative texts produced by monarchs or by their chancelleries.
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. It would be fascinating to enter into the precise innovations of the various structures of the ius commune, but this book aims only to sketch a general picture of the historical developments. We shall limit ourselves to describing the degree of creativity and imagination shown by the jurists in one very important social and economic field: the law of property.
A History of European Law (Making of Europe) by Paolo Grossi