By Paolo Grossi
This ebook explores the advance of legislations in Europe from its medieval origins to the current day, charting the transformation from legislations rooted within the Church and native neighborhood in the direction of a reputation of the centralised, secular authority of the nation. exhibits how those adjustments replicate the broader political, monetary, and cultural advancements inside of ecu historyDemonstrates the range of traditions among ecu states and the probabilities and barriers within the look for universal ecu values and ambitions
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Additional info for A History of European Law (Making of Europe)
In Portugal royal legislation does not become significant until the reign of Alfonso III (1248–79). In Spain, Catalonia, Aragon, Valencia and Navarre are all dominated by local customary legal systems until the middle of the thirteenth century. 24 medieval roots In the second half of that century, in Castile, Alfonso the Wise (1265–84) introduces an important piece of legislation called Las siete partidas (‘The Seven Headings’) – a very distinctive work which sits somewhat unhappily with Spanish law’s localism and dependence on custom but which speaks volumes for the king’s abilities as a legislator.
There may be physical contact, use or enjoyment of the object in question by parties who do not own it, but these have no legal relevance and do not compromise the integrity of the proprietor’s ownership. Hence the distinction between dominium and detentatio, that is to say between full ownership and discretion over the object as guaranteed and safeguarded by the law, and the simple having of a thing in one’s possession. With a piece of land, for example, the anthropocentric culture of Rome would emphasize rights of the holder of the proprietary title, even if he had never set foot upon his land.
Secondly, and no less importantly, the ius commune is so called because it belongs to all the people, and is founded in the rationality that is scholarship’s greatest weapon and resource. But it is the ius commune also because the medieval concept of personhood combines the citizen and the believer to make a political subject who is equally legitimately governed by the laws of the hegemonic religion – the canon law. A modern jurist would regard this as a set of laws belonging to an organization distinct from the state, with its own independent existence from any state or group of states.