By Paolo Grossi
This e-book explores the improvement of legislation in Europe from its medieval origins to the current day, charting the transformation from legislations rooted within the Church and native neighborhood in the direction of a popularity of the centralised, secular authority of the nation.
- Shows how those adjustments replicate the broader political, monetary, and cultural advancements inside ecu history
- Demonstrates the range of traditions among eu states and the probabilities and barriers within the look for universal ecu values and goals
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Extra info for A History of European Law
Nonetheless, custom has one intrinsic defect which I have been at pains to emphasize: fragmentation – it cannot but express a particular set of circumstances. In a less complex social order like that of the early Middle Ages, when society was relatively static and social change occurred at a leisurely pace, custom was perfectly capable of fulfilling the role of the sole legal framework which governed that society. However, custom’s innate tendency towards fragmentation meant that it became unsuitable as the sole generator of law when the social, economic and legal landscape became more developed – especially when economic relationships begin to carry a similar weight to legal ones.
These facts of daily life are constantly forged and reforged in the ever-busy workshop of change that is late medieval society; the work of scholars removes facts from the furnace of change and discovers in them a higher, more rigorous, more universal message. Scholarship makes the legal formulations and institutions of legal practice into models that can be deployed in other similar contexts and at other points in time. In so doing the work of jurists takes upon itself the function of ordering the law, a goal it fulfils completely.
They did not hesitate to make themselves available, whether as advisers to those who wielded power; as legal counsel to the parties in a case or to the judge; or as practising advocates or notaries. The ius commune was born out of the complex dialogue that these jurists set up between the facts of contemporary life and the rules laid down in the texts of ancient Rome. It would be fascinating to enter into the precise innovations of the various structures of the ius commune, but this book aims only to sketch a general picture of the historical developments.