The Laws of Late Medieval Italy (1000-1500) : Foundations for a European Legal System

This book shows how the Italian legal system developed mainly thanks to the cooperation of universities. In this way a Continental 'common law' was built which even today is useful as a common heritage. Cover 1 The Laws of Late Medieval Italy (1000–1500) 4 Copyright 5 Contents 6 List of Abbreviations 8 Preface to the English Edition 10 Illustrations 14 Introduction 18 PART ONE: THE IMPERIAL ROMAN LEGACY AND THE CHARACTERISTICS OF THE ELEVENTH CENTURY 24 1 Irnerius and the Roman Law of Justinian 26 2 The Multi-faceted Eleventh Century 46 3 The Characteristic of Eleventh-Century Law 82 PART TWO: THE TRIUMPH OF JURIDICAL PLURALISM: CO-EXISTING LAWS AND THE FOUNDATION OF THE IUS COMMUNE (C. 1100–1250) 122 4 The Beginning of University Teaching and Groundwork for Corpus Iuris Canonici 124 5 Territorial Laws and Various Social Categories and Institutions 152 6 Protagonists of Theory and Practice 210 PART THREE: THE TRIUMPH OF THE SYSTEM OF IUS COMMUNE (MID XIII–XV CENTURY) 260 7 Perfecting and Consolidating the System 262 8 Doctrinal and Institutional Developments 286 9 University Texts and Legislation 310 10 Justice and its Institutions 338 11 The End of the Middle Ages 362 Appendix: An Annotated Bibliography of Legal History 378 Sources 390 Bibliography 400 Index 428 In The Laws of Late Medieval Italy Mario Ascheri examines the features of the Italian legal world and explains why it should be regarded as a foundation for the future European continental system. The deep feuds among the Empire, the Churches unified by Roman papacy and the flourishing cities gave rise to very new legal ideas with the strong cooperation of the universities, beginning with that of Bologna. The teaching of Roman law and of the new papal laws, which quickly spread all over Europe, built up a professional group of lawyers and notaries which shaped the new, 'modern', public institutions, including efficient courts (like the Inquisition). Politically divided, Italy was partly unified by the legal system, so-called (Continental) common law (ius commune), which became a pattern for all of Europe onwards. Early modern Europe had for long time to work with it, and parts of it are still alive as a common cultural heritage behind a new European law system -- Provided by Publisher