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The Origins of the European Legal Order

Maurizio LupoiUniversita degli Studi di Genova

ISBN13: 9780521621076
ISBN: 0521621070
Published: September 2000
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £155.00
Paperback edition , ISBN13 9780521032957

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This is the first translation into English of Alle Radici del Mondo Giuridico Europeo published in Italy in 1994. The book 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 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 new light and common strands emerge which have gone unnoticed until now.

Comparative Law, Legal History
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.