By Paolo Grossi
This publication 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 group in the direction of a attractiveness of the centralised, secular authority of the nation. exhibits how those adjustments replicate the broader political, fiscal, and cultural advancements inside of eu historyDemonstrates the variety of traditions among eu states and the probabilities and boundaries within the look for universal eu values and ambitions
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Extra resources for A History of European Law (Making of Europe)
In Spain, Catalonia, Aragon, Valencia and Navarre are all dominated by local customary legal systems until the middle of the thirteenth century. 24 medieval roots In the second half of that century, in Castile, Alfonso the Wise (1265–84) introduces an important piece of legislation called Las siete partidas (‘The Seven Headings’) – a very distinctive work which sits somewhat unhappily with Spanish law’s localism and dependence on custom but which speaks volumes for the king’s abilities as a legislator.
This proliferation also demonstrates that canon law disdains abstract and general rules, preferring instead to focus on the concrete case, with all the garnishings of circumstance that accompany it. The ‘pastorality’ of canon law, in effect, leads to a law based on casuistry and precedent. From the thirteenth century until the first Codex iuris canonici of 1917, the law of the Church of Rome is and will be described here as primarily a ius decretalium, a law made up of decretals. medieval roots 33 Ius Commune: Special Local and National Laws and Statutes Its basis in scholarship meant that the ius commune was equipped with a startling capacity for expansion.
This was a sizeable advantage, since the theoretical categories and principles to which scholarly reflection gives rise are by their nature elastic and therefore well suited to a legal system in a continuous state of development, whilst the authoritative pronouncements of a prince are necessarily more rigid when translated into general commands. As I argued above, scholarship organizes ideas not by suppressing points of difference, but by incorporating those differences as points of nuance to the broader sweep of lines of argument.
A History of European Law (Making of Europe) by Paolo Grossi