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Vol 21 No 10 Oct/Nov 2016

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The Origins of the European Legal Order

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Maurizio LupoiUniversita degli Studi di Genova

ISBN13: 9780521032957
Published: January 2007
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback (Hardback 2000)
Price: £89.99
Hardback edition , ISBN13 9780521621076



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This translation of Alle radici del mondo giuridico europeo published in Italy in 1994 is a comprehensive reappraisal of thinking on the common structural features of the various European jurisdictions. Professor Lupoi argues the case for the existence of an earlier system of common law as far back as between the sixth and eleventh centuries. Based on vulgar Roman legal culture and various Germanic customs, this law was codified in Latin and survives in modified form in modern English common law. Legal sources from all over Europe are compared and discussed. Cultures formerly considered to be 'barbarian' emerge in a different light and common strands are seen to emerge.

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Subjects:
Legal History
Contents:
1. The historical comparative theme of the early Middle Ages
2. An historical-institutional profile of the Roman Empire in the fourth and fifth centuries
3. Excursus I: Barbarians
4. Historical and institutional profiles of the new dominant powers
5. Excursus II: the days of the week
6. Excursus III: Anglo-Saxon charters
7. Consensus by assembly
8. Excursus IV: authority and consensus in judicial decisions
9. Public Allegiance
10. Excursus V: the Anglo-Saxon writ
11. Private allegiance
12. Open legal systems
13. Excursus VI: textual 'coincidences' in documentary forms
Appendix of sources.