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 *growth of a conceptual approach to the study of law. With contributions from leading international scholars in the field, this book therefore fills an important gap in the literature.
John W. Cairns is a legal historian and graduate of the University of Edinburgh (LLB PhD). His research interests cluster around law and the Enlightenment, the history of Scots law, codification in Louisiana, and law and slavery. He is a fellow of the Royal Society of Edinburgh (FRSE) and Professor of Legal History in the University of Edinburgh. Paul J du Plessis is a legal historian who holds a PhD (Law) from the Erasmus University, Rotterdam. His research interests include Roman law, medieval interpretations of Roman law, the historical development of the civilian tradition in mixed jurisdictions, the relationship between law and history as well as between law and society in a historical context. Secondary research interests include the development of European Private Law, Comparative Law and International Private Law..
Introduction: Themes and Context (Cairns and Du Plessis); 1. An Introduction to the Interpretation of Legal Technicalities (Bezemer); 2. The Citation and the Ius Commune (Helmholz); 3. Medieval Family Law (Waelkens); 4. Legal Reasoning in Contract and Delict (Gordley); 5. The Buyer's Remedy for Latent Defects (Hallebeek); 6. Commercial Law (Ernst); 7. The Law of Unjustified Enrichment (Schrage/Dondorp); 8. The Law of Succession (Ryan); 9. The Roman Law of Property and the Reality of the Middle Ages (Rufner); 10. Fault-lines between contract and property in the medieval law of pledge (Du Plessis); 11. Malicious litigation and the rise of the legal profession (Brundage).