A History of European Law (Making of Europe) by Paolo Grossi

By Paolo Grossi

This booklet explores the advance of legislation 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 reputation of the centralised, secular authority of the nation. exhibits how those alterations replicate the broader political, fiscal, and cultural advancements inside ecu historyDemonstrates the range of traditions among eu states and the probabilities and boundaries within the look for universal ecu values and targets

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In this case the discontinuities we will find exist between the medieval context and the choices made by Roman lawyers, whose first aim is always to maintain control of the legal sphere, which Roman jurists saw as vital to the stability of the political order. The ancient Roman approach is, of course, antithetical to the one we found in our examination of medieval legal thinking. I shall therefore give what I hope will be a helpful comparative evaluation of the two systems. The Romans ensured their contractual agreements were governed by a rigorous principle of standardization: private citizens were allowed standard types of contracts, which followed pre-made models.

These statutes squarely address the common law/local law issue, deciding for the precedence of local law. Does this mean there was a hierarchy for sources of law? That is what we would have to conclude if we saw the medieval Italian city-state as a sovereign entity when it declares the precedence of its own laws over the ius commune. A sovereign state is a rigid monist; it attributes the status of law only to those acts made by itself and tolerates no competing production of law within its borders.

A structured hierarchy comprising the Church and its community of believers. Because the individual believer needed a social structure in which to find his place, there was therefore a requirement for a system of laws to govern the Christian community. And so the Church of Rome, as a legal entity, is concerned from its beginnings to formulate a system of laws suitable for its governance. The first millennium of the Church’s existence is scarred by many heretical movements, and its efforts are above all directed towards solidifying religious orthodoxy into stable theological truths.

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