The Infrastructure of the Early <i>Ius Commune</i>: The Formation of <i>Regulae</i>, or its Failure

Kees Bezemer

in The Creation of the Ius Commune

Published by Edinburgh University Press

Published in print July 2010 | ISBN: 9780748638970
Published online March 2012 | e-ISBN: 9780748651481 | DOI:
The Infrastructure of the Early Ius Commune: The Formation of Regulae, or its Failure

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This chapter explores how and why the medieval jurists developed regulae, and assesses the central importance of the term in medieval legal thought. It discusses the designation with the word ‘regula’ of rules not found described as such in authoritative texts. Examples are taken from different areas of private law. The emphasis will be on Roman law and its interpreters between 1200 and 1400. The year 1200 is chosen because around this date the academic jurists became aware of the need to integrate law other than the Roman into a ‘system’, which later was to become known as the ius commune.

Keywords: regulae; regula; Roman law; private law; medieval jurists

Chapter.  9590 words. 

Subjects: History of Law

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