View in EDS

The Invisible Border between Ius Commune and Common Law: Traditional Interpretations and New Prospects, in D. Freda, M. Piccinini, H. Pihlajamäki, C.M. Valsecchi (a cura di), Borders of the Early Modern Ius Commune. England, Venice and Scandinavia, Routledge, London & New York 2025

Saved in:
Bibliographic Details
Title: The Invisible Border between Ius Commune and Common Law: Traditional Interpretations and New Prospects, in D. Freda, M. Piccinini, H. Pihlajamäki, C.M. Valsecchi (a cura di), Borders of the Early Modern Ius Commune. England, Venice and Scandinavia, Routledge, London & New York 2025
Authors: dolores freda
Publisher Information: Routledge, 2025.
Publication Year: 2025
Subject Terms: Ius commune, common law, early modern period, Ius commune, common law, early modern period
Description: The article challenges the historiographic cliché, tracing back to F.W. Maitland and handed down to us by the European legal tradition, of the existence of a dichotomy between common law and ius commune. Such an interpretation, taking the “Englishry” of English law for granted, contributed to build its history on its exceptionality with respect to Continental law. The article, focusing on points of connection and overlapping between common law and ius commune, highlights the existence of a common European legal tradition since the middle ages.
Document Type: Part of book or chapter of book
Language: English
Access URL: https://hdl.handle.net/11588/1001786
Accession Number: edsair.dedup.wf.002..10eb6c85f25982f03e8ce56450a8fc9c
Database: OpenAIRE
Description
Abstract:The article challenges the historiographic cliché, tracing back to F.W. Maitland and handed down to us by the European legal tradition, of the existence of a dichotomy between common law and ius commune. Such an interpretation, taking the “Englishry” of English law for granted, contributed to build its history on its exceptionality with respect to Continental law. The article, focusing on points of connection and overlapping between common law and ius commune, highlights the existence of a common European legal tradition since the middle ages.