By Paolo Grossi
This ebook explores the improvement of legislations in Europe from its medieval origins to the current day, charting the transformation from legislation rooted within the Church and native group in the direction of a attractiveness of the centralised, secular authority of the nation. indicates how those alterations mirror the broader political, financial, and cultural advancements inside of eu historyDemonstrates the range of traditions among eu states and the probabilities and barriers within the look for universal eu values and pursuits
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Extra resources for A History of European Law (Making of Europe)
14 medieval roots One might object that amongst the primary legal sources of the early Middle Ages, there are a number of legislative texts produced by monarchs or by their chancelleries. This is certainly true: the Visigoth kings in Spain, the Lombards in Italy and the Frankish kings and emperors all produced an appreciable quantity of legislation. But when examined closely, these laws and edicts follow the shape of the wider universe of mores, of customs from time immemorial, which the kings did not dare contravene and to which they submitted.
Indeed things could hardly be otherwise in such a profoundly custom-governed legal environment. Custom abhors a rigid template – its moulds are malleable and mutable. Instead it places total faith in the instincts of the notary and in the good faith of the parties. Often the will of parties to a medieval agreement was only free in theory, since they were bound by the demands of the pervasive network of customs. They therefore submitted to the types of undertaking which custom defined for them and towards which the notary would not hesitate to point them.
Moreover, canon law was naturally available to any medieval executor of rules, particularly judges, who, in their concrete evaluations of given situations, could apply either stringency or leniency in order to arrive at the outcome that best furthered individuals’ salvation. Such leniency could even extend to a total non-application of the law if required – something that the canon lawyers called relaxatio legis (‘relaxing the law’). Ivo did not invent any laws; he merely applied a general and longstanding principle of the Church’s legal tradition, that of aequitas canonica (‘canonical justice’), which called for the adjudicator to consider the specific actions of the individual believer and the circumstances in which these had occurred.
A History of European Law (Making of Europe) by Paolo Grossi