European Legal History: A Cultural and Political Perspective

Randall Lesaffer; Jan Arriens

doi:10.1017/9781107300866

The rediscovery of Roman law and the emergence of classical canon law around AD 1100 marked the beginnings of the civil law tradition in Europe. Between the twelfth and eighteenth centuries, a highly sophisticated legal science of a truly European dimension was developed. Since then the different European States have developed their own national legal systems, but with the exception of England and Ireland they are all heirs to this tradition of the ius commune. This historical introduction to the civil law tradition, from its original Roman roots to the present day, considers the political and cultural context of Europe's legal history. Political, diplomatic and constitutional developments are discussed, and the impacts of major cultural movements, such as scholasticism, humanism, the Enlightenment and Romanticism, on law and jurisprudence are highlighted. This contextual approach makes for a fascinating story, accessible to any reader regardless of legal or historical background.

'… Lesaffer has identified a key feature of the legal culture of each period and has structured his discussion around it … this new approach works well and Lesaffer has produced an interesting new perspective on the established grand narrative of European legal history.'

Source: The Edinburgh Law Review

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European Legal History

A Cultural and Political Perspective

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Contents

Frontmatter
pp i-iv

Dedication
pp v-vi

Contents
pp vii-vii

Preface
pp viii-x

1 - Introduction
pp 1-14

Part I - Ancient Roman law
pp 15-16

2 - Suum cuique tribuere (Ancient Rome, c.1000 BC–AD 565)
pp 17-120

Part II - The civil law tradition
pp 121-122

3 - Correctio (the Early Middle Ages, c.500–1000)
pp 123-191

4 - Auctoritas (the Late Middle Ages, c.1000–1453)
pp 192-288

5 - Emulatio (the Early Modern Age, 1453–1648)
pp 289-371

6 - Ratio (the Modern Age, 1648–1914)
pp 372-480

Epilogue
pp 481-482

7 - Voluntas (the Post-Modern Age, 1914–2004)
pp 483-520

Index
pp 521-549

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European Legal History

A Cultural and Political Perspective

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