By Paolo Grossi
This publication explores the improvement of legislation in Europe from its medieval origins to the current day, charting the transformation from legislation rooted within the Church and native group in the direction of a reputation of the centralised, secular authority of the country.
- Shows how those adjustments mirror the broader political, monetary, and cultural advancements inside ecu history
- Demonstrates the variety of traditions among ecu states and the chances and boundaries within the look for universal ecu values and goals
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Extra info for A History of European Law
It is above all in these Italian city-states, rather than in the monarchies, where the friction between common and local law is most keenly felt. For now, monarchs tended to concern themselves with matters of public import ignored by the ius commune, or dealt with only scantly. The city-states, meanwhile, had only recently emerged from the sway of empire after a bitter struggle; they drafted statutes with a much wider compass, although still somewhat haphazard and lacking in any aspiration to completeness.
Feudalism signifies these complex interrelationships of people bound together by mutual bonds of protection and loyalty. The interrelationships soon became personified by a class of people, all of whom found roles in the intricate and fragmented mechanism of powers which linked the highest prince to the lowest serf. This process separated feudal powers off from the general multitudes of common mortals. It should be stressed that this commodification of the network of relationships was a slow process, but it did finally lead to the absorption of the feudal principles of mutual protection and loyalty into the land.
The medieval legal system favours procedures that provide effective resolutions with regard to land, particularly where agricultural activity is involved. The Roman opposition between owner and occupier appears not to obtain in the medieval period. Many occupiers of land under licence – particularly those who seek to improve the land’s productivity in the long term – gain a status of para-ownership thanks to an unobtrusive but continuous erosion of formal property rights. The practice of lawyers in the early Middle Ages, although rough at the edges and lacking in technical sophistication, is already making advances which, in the late Middle Ages, will be formalized into a fully rounded body of legal thought.
A History of European Law by Paolo Grossi