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.
Table of contents:
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 Centurie
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 Early–Modern 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. 1530–1610): Torture, Police and Crime
Mia Korpiola
EPILOGUE
15. Re-reading Arthur Duck: Ius commune and Insular Exceptionalism
Mario Piccinini and Chiara Valsecchi
On the editors:
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 tenured Professor of Medieval and Modern Legal History in the University of Padua.
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