The ius commune and its demise
2004; Routledge; Volume: 25; Issue: 2 Linguagem: Inglês
10.1080/0144036042000276939
ISSN1744-0564
Autores Tópico(s)Historical Economic and Legal Thought
ResumoAn amalgam of Roman law and canon law, the ius commune was developed in the university law faculties. Their traditional Bartolist approach to the texts was challenged by the French humanists and by the end of the sixteenth century humanism was accepted by diehards such as Gentili. Hugo Donellus conceived of law as a set of subjective rights to be distinguished from the remedies which enforced them. The ius commune declined with the growth of natural law and of the codification movement as well as the abandonment of Latin in favour of the vernacular in university teaching.
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