THE CREATION OF THE IUS COMMUNE. FROM CASUS TO REGULA. Ed by John W Cairns and Paul J du Plessis Edinburgh: Edinburgh University Press (www.euppublishing.com), Edinburgh Studies in Law vol 7, 2010. xiv + 304 pp. ISBN 9780748638970. £60.
| Author | Tammo Wallinga |
| Published date | 01 January 2012 |
| Pages | 117-119 |
| DOI | 10.3366/elr.2012.0085 |
| Date | 01 January 2012 |
The sub-title, “From
In the Introduction, the editors point out that thus far there has not been much detailed literature in English available on this phenomenon of the reception of Roman law and the development of a different approach to law as a whole in the Middle Ages. There are several works that describe the story in a general way, but few have attempted to give a more precise description of what the medieval jurists did to develop rules from texts on case law. In recent years, there has been a change to the extent that much work in the English language has been done on medieval canon law, but the mechanism of the reception of Roman or Civil Law has remained relatively uncharted territory.
This book was conceived to fill that gap. At the same time, the editors have realised that once one goes into more detail, the studies become increasingly technical and difficult to understand for the uninitiated. This problem has been solved by providing a long and important introductory contribution by Harry Dondorp and Eltjo J H Schrage, “The Sources of Medieval Learned Law” (7-56). It is an abridged and updated version of their handy manual,
This technical introduction is followed by two contributions that focus on the method applied...
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