By Paolo Grossi
This ebook explores the advance of legislations 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 acceptance of the centralised, secular authority of the kingdom. indicates how those adjustments replicate the broader political, monetary, and cultural advancements inside of eu historyDemonstrates the range of traditions among eu states and the probabilities and barriers within the look for universal ecu values and objectives
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Additional resources for A History of European Law (Making of Europe)
The medieval world is no longer seen from the point of view of the subject but rather from that of the object, with the result that the world is understood from the ground up. Things are no longer constituent parts of a landscape bestridden by the autonomous subject, but a living reality whose objective demands the subject must interpret and respect. This impression is entrenched all the more by the necessary facts of cultivation and production required for the subsistence of the community. Roman law is primarily a civil law, and is therefore predicated upon a legal party who is abstract and economically undefined: the civis (‘citizen’).
Often these sources are compendia: haphazard selections of specific or occasional legislation; collections of laws enacted by previous monarchs; edited versions of legal texts from the late Roman empire. They often take as their subject topics of general public importance connected with the exercise of supreme political power over the territory in question. One Italian example would be the penal code and family law contained in the extensive Edictum Langobardorum promulgated by the Rotharian kings in 643.
These strange sources appear difficult to classify to modern eyes, since they are neither laws, nor judgements, nor administrative acts. Instead they typify the combination of powers wielded by the pontiff: they concern a single case upon which they issue a ruling, but they also bind the rulings in similar episodes in the future. Although the decisions of ecclesiastical councils, the scholarship of canon lawyers and judicial pronouncements all remain important, it is clear that the pontiff now plays a central role.