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 further 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. 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. These new narratives are built from bottom to top; thus, based on concrete source information, and focusing 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 only emerge through concrete, multidisciplinary research recognizing the tensions between global legal unification and differentiation. The book will be essential reading for researchers and academics in Legal History, Law and Religion, Comparative Legal Studies and Early Modern History.
The culture of the ius commune has been a unifying element of European and Western legal civilization. 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.
INTRODUCTION
1. Borders of ius commune: ius commune at the Borders
Dolores Freda, Mario Piccinini, Heikki Pihlajamäki, and Chiara Maria
Valsecchi PART I: IUS COMMUNE AND VENICE
2. Lawyers in Venice: A Curious
Business Silvia Gasparini
3. Negari tamen non potest Venetos ius civile
romanorum colere et venerari: Venetian Law and ius commune between the
Seventeenth and Eighteenth Centuries Claudia Passarella
4. Students,
Graduates, or Tourists: Scholars from across the Borders in Padua in the
Sixteenth and Seventeenth centuries Donato Gallo
5. Venetian Law and ius
commune: The Origins of a Controversy Alfredo Viggiano PART II: IUS COMMUNE
AND ENGLAND
6. The Invisible Border between ius commune and Common Law:
Traditional Interpretations and New Prospects Dolores Freda
7. Legal
Pluralism in the Law Courts of EarlyModern England John Baker
8. Roman Law
in Sixteenth-Century England: Professor Thomas Smith David Ibbetson
9. Common
Lawyers and Civilian Lawyers in England: Barriers and Connections R. H.
Helmholz
10. Gerard Malynes and the Ancient Law-Merchant: A View on the ius
commune from the Borders Stefania Gialdroni PART III: IUS COMMUNE AND
SCANDINAVIA
11. Ius commune at the Merchant Courts of the Hanse Kontor in
Bergen? Sören Koch
12. The Emergence of the Profession of Procurators in
Early Modern Denmark Per Andersen
13. Adjusting the ius commune: The Swedish
Legal Procedure in the Early Modern Period Heikki Pihlajamäki
14. The
Reception of the ius commune through German Law in Reformation Sweden (ca.
15301610): Torture, Police and Crime Mia Korpiola EPILOGUE
15. Re-reading
Arthur Duck: Ius commune and Insular Exceptionalism Mario Piccinini and
Chiara Valsecchi
Dolores Freda is Professor of Legal History in the University "Federico II" of Naples, Italy.
Mario Piccinini has been Professor of Legal History at the University of Padua and is currently Senior Scholar at the same institution.
Heikki Pihlajamäki is Professor of Comparative Legal History and currently Academy Professor in the University of Helsinki
Chiara Maria Valsecchi is Professor of Legal History in the University of Padua.
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