HIST-1107EL Study Guide - Quiz Guide: Parium, Parlement, Middle Ages
15 Dec 2020
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Document Summary
The interaction between the two branches of ius commune is responsible for the later developments in the medieval jurisprudence. An example is baldus, who wrote commentaries on both branches, bringing the two systems together. While roman was fundamental for the legal techniques, canon law provided the general concepts and reduced also the excessive formalism. The legal situation in the middle ages could be described as a fragmentation of legal systems, all characterized differently (iura propria). This was still caused by the principal of personal law mixed with the iudicium parium. The law was in major part unwritten, while statute law was rare. Ius proprium was gradually changed by acculturation and reception of roman law. Reception was the adoption of concepts and techniques directly form roman law, while the second one more a gradual adaption to roman law. Acculturation phase 1: entrance of roman law in canon law (by roman constant influence).
