Skip to main content Accessibility help
×
Hostname: page-component-78c5997874-lj6df Total loading time: 0 Render date: 2024-11-09T15:37:56.571Z Has data issue: false hasContentIssue false

13 - Roman Law: Symbiotic Companion and Servant of Canon Law

from Part II - The Sources and Dissemination of Medieval Canon Law

Published online by Cambridge University Press:  13 January 2022

Anders Winroth
Affiliation:
Universitetet i Oslo
Get access

Summary

Modern legal systems are by and large very similar across most countries on earth. A widespread opinion ascribes this similarity to common heritage from Roman law, because this law (as codified under the Roman emperor Justinian 529–34 CE) was so useful. This is not, however, fully correct. Countries living under law originating in Europe share the same methods of legal argumentation, share many principles and categories, and also have a vast mass of procedural rules and substantive law in common. That conformity, however, did not come about by directly adopting legal rules or doctrines from Justinian. Instead, Christians all over Europe lived under the learned canon law of the Roman Church, whose lawyers from the late twelfth century adopted doctrines of medieval Roman law whenever there existed no appropriate ecclesiastic rules. Roman law regained importance in the Middle Ages through canon law; this is why Roman doctrines so often still survive.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2022

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Select Bibliography

Bellomo, Manlio. The Common Legal Past of Europe, 1000–1800. Studies in Medieval and Early Modern Canon Law 4. Washington, DC, 1995). (Also available in Italian, German, and Spanish.)Google Scholar
Coing, Helmut. Europäisches Privatrecht. Munich, 1985–9.Google Scholar
Coing, Helmut, ed. Handbuch der Quellen und Literatur der neueren europäischen Privatrechtsgeschichte. Munich, 1973–88.Google Scholar
Cortese, Ennio. Le grandi linee della storia giuridica medievale. Rome, 2000.Google Scholar
Dolezalek, Gero R. Manuscripta juridica. http://manuscripts.rg.mpg.de.Google Scholar
Lange, Hermann, and Kriechbaum, Maximiliane. Römisches Recht im Mittelalter. Munich, 1997–2007.Google Scholar
Murray, Athol L., and Gero, R. Dolezalek. “Legal Argumentation and Citation of Jus commune Sources in Pleadings in the Court of Session, 1549/1550.” In Miscellany VIII, ed. Godfrey, Mark. The Stair Society 67, 113222. Edinburgh, 2020.Google Scholar
Nörr, Knut Wolfgang. Ein geschichtlicher Abriss des kontinentaleuropäischen Zivilprozesses in ausgewählten Kapiteln. Tübingen, 2015.Google Scholar
Zimmermann, Reinhard. The Law of Obligations: Roman Foundations of the Civilian Tradition Cape Town, 1990Google Scholar

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×