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The Creation of the Ius Commune

From Casus to Regula

Edited by John W. Cairns, Paul J. du Plessis

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Studies the transformation of Roman legal rules into the 'common law' of Western Europe in the period 1100–1400

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.

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Contents

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 (Rüfner)
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).

About the Author

John W. Cairns is Professor of Civil Law at the University of Edinburgh. His research interests include law and the Enlightenment, the history of Scots law, codification in Louisiana, and law and slavery. He has published two collections of essays in the Edinburgh Studies in Law series: Law, Lawyers, and Humanism: Selected Essays on the History of Scots Law, Volume 1 and Enlightenment, Legal Education, and Critique: Selected Essays on the History of Scots Law, Volume 2 (Edinburgh University Press, 2015). He is the co-editor, with Paul J. du Plessis, of The Creation of the Ius Commune: From Casus to Regula (Edinburgh University Press, 2010) and Beyond Dogmatics: Law and Society in the Roman World (Edinburgh University Press, 2007).

Paul J. du Plessis is Senior Lecturer in Civil Law and Legal History at the University of Edinburgh. His research focuses predominantly on the multifaceted and complex set of relationships between law and society in a historical context. He is the co-editor, with John W Cairns, of The Making of the Ius Commune: From Casus to Regula (Edinburgh University Press, 2010), Beyond Dogmatics: Law and Society in the Roman World (Edinburgh University Press, 2007) and Reassessing Legal Humanism and Its Claims: Petere Fontes? (Edinburgh University Press 2015). He is the editor of the critically acclaimed New Frontiers: Law and Society in the Roman World (Edinburgh University Press, 2013) and Cicero's Law: Rethinking Roman Law of the Late Republic (Edinburgh University Press, 2016).

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