Paperback / softback
March 1, 1995
9780813208145
English
8.50 Inches (US)
5.50 Inches (US)
.8 Pounds (US)
$29.95 USD
v2.1 Reference

The Common Legal Past of Europe, 1000-1800

With a vigor and passion rarely found in a scholarly text, Manlio Bellomo has written a broad history of the western European legal tradition. It is now made available to an English-speaking audience in an elegant and lucid translation from the original Italian.



From the modern age the author looks back to a time when Europe had a common law that transcended national and legal boundaries. This common law, which Bellomo calls the ius commune, developed in the twelfth century from the fusion of Roman, canon, and feudal law. Existing within the framework of the ius commune were the local laws or iura propria—the myriad laws of everyday life, the laws particular to the various kingdoms, principalities, cities, guilds, and secular and ecclesiastical corporations. Bellomo illustrates how for centuries the ius commune permeated every aspect of the iura propria, marking European law indelibly with its stamp. Because the iura propria emerged from the unifying norms and principles of the ius commune, one cannot properly understand local European systems of law without first understanding the ius commune and its influence on the legal concepts, institutions, procedures, documents, and doctrines of the iura propria.



Linking his extensive history to modern-day concerns, Bellomo begins by arguing that the codification that occurred in European countries during the eighteenth and nineteenth centuries has introduced ambiguity, rigidity, and uncertainty into legal systems. A new common law for the whole of Europe, he asserts, would provide a much better vehicle for legal change and development in a time when the economic barriers between European nations are crumbling. Having set the stage for a historical treatment of the topic, Bellomo then describes the beginnings of the ius commune in the schools of the twelfth century, discusses the development of Italian, French, and German iura propria, and sketches the great jurists who gave common law its intellectual vigor—Gratian, Accursius, Odofredus, Cinus, and Bartolus. He concludes with an account of the humanist jurists of the fifteenth, sixteenth, and early seventeenth centuries.



Instructors will find this text ideal for use in courses in legal history, political history, and the history of canon law.



ABOUT THE AUTHOR:


Manlio Bellomo studied under Francesco Calasso at the University of Rome and now teaches legal history at the University of Catania. He is codirector of the International School of Ius Commune in Erice, Sicily, and editor of the journal Rivista internazionale di diritto comune.

The Catholic University of America Press
Studies in Medieval and Early Modern Canon Law
  • Law (14 Titles)

9780813208145 : the-common-legal-past-of-europe-1000-1800-bellomo-cochrane
Paperback / softback
$29.95 USD

Other Titles by Lydia G. Cochrane

Venice Triumphant

Elisabeth Crouzet-Pavan - translated by Lydia G. Cochrane
Feb 2005 - Johns Hopkins University Press
$35.00 USD - Paperback / softback

History of Suicide

Georges Minois - translated by Lydia G. Cochrane
Apr 2001 - Johns Hopkins University Press
$30.00 USD - Paperback / softback

On the Edge of the Cliff

Roger Chartier - translated by Lydia G. Cochrane
Oct 1996 - Johns Hopkins University Press
$28.00 USD - Paperback / softback

Other Titles from Studies in Medieval and Early Modern Canon Law

Prefaces to Canon Law Books in Latin Christianity, second edition

Robert Somerville
Oct 2020 - The Catholic University of America Press
$39.95 USD - Paperback / softback

Bonds of Wool

Steven A. Schoenig
Oct 2020 - The Catholic University of America Press
$75.00 USD - Hardback
$34.95 USD - Paperback / softback

Master of Penance

Atria Larson
Oct 2020 - The Catholic University of America Press
$65.00 USD - Hardback
$34.95 USD - Paperback / softback

Other Titles in LAW / General

Control of the Laws in the Ancient Democracy at Athens

Edwin Carawan
Dec 2020 - Johns Hopkins University Press
$54.95 USD - Hardback
$54.95 USD - Electronic book text

Every Hill a Burial Place

Peter H. Reid
Sep 2020 - University Press of Kentucky
$36.95 USD - Hardback
$36.95 USD - Electronic book text
$36.95 USD - Electronic book text

Medieval Church Law and the Origins of the Western Legal Tradition

edited by Wolfgang P. Muller, Mary E. Sommar
Aug 2018 - The Catholic University of America Press
$24.95 USD - Paperback / softback

Other Titles in Law

Medieval Church Law and the Origins of the Western Legal Tradition

edited by Wolfgang P. Muller, Mary E. Sommar
Aug 2018 - The Catholic University of America Press
$24.95 USD - Paperback / softback

Constitutional History US Supreme Court

Richard Regan, SJ
Apr 2015 - The Catholic University of America Press
$24.95 USD - Paperback / softback

The Glorious Revolution and the Continuity of Law

Richard Kay
Nov 2014 - The Catholic University of America Press
$59.95 USD - Hardback