Borders of the Early Modern Ius Commune

£42.99

Borders of the Early Modern Ius Commune

England, Venice, and Scandinavia

Methods, theory and philosophy of law Comparative law Legal history History Religion: general

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Collection: Routledge Studies in Comparative Legal History

Language: English

Published by: Routledge

Published on: 30th May 2025

Format: LCP-protected ePub

ISBN: 9781040364826


Introduction

The culture of the ius commune has been a unifying element of European and Western legal civilization. As shown by several recent studies, the influence of ius commune extended much farther than its traditional core area. This volume discusses the expansion and changes of ius commune in three significant corners of Europe, which in the classical narrative either totally or partially were left out of the picture: England, Scandinavia, and Venice.

Scope and Approach

The study goes beyond the traditional question of the influence of ius commune in comparing the different constellations of normativity and legal pluralism in these regions. It investigates how not only ius commune but also other forms of normativity – such as customary law, written norms, and legal practice – were used and applied, and how they circulated. The approach helps create new narratives as to how the relationship between centers and peripheries in Europe evolved in the early modern period.

Methodology and Focus

These new narratives are built from bottom to top; thus, they are based on concrete source information, and they focus on the learned legal systems and their connection to the local legal sources. The collection further looks into the circulation of professors and doctors, students, and legal texts, starting from the idea that a theoretical understanding of the forms of normativity can emerge only through concrete, multidisciplinary research recognizing the tensions between global legal unification and differentiation.

Target Audience

The book will be essential reading for researchers and academics in Legal History, Law and Religion, Comparative Legal Studies, and Early Modern History.

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