Odd Topics, Old Methods and the Cradle of the Ius Commune: Byzantine Law and the Italian City-States

7 Pages Posted: 23 Feb 2018

See all articles by Daphne Penna

Daphne Penna

University of Groningen - Faculty of Law

Date Written: December 12, 2017

Abstract

In this paper I try to demonstrate how Byzantine law, a subject odd and exotic at first sight provides a piece of the puzzle that helps us to complete the big picture, the origins of our European legal identity. I refer to some concrete examples of legal interaction between the Byzantine and the Western side of Europe in the tenth, eleventh and twelfth centuries – a period in which the ius commune began to take shape – and explain the method I used step by step, the specific challenges I confronted in the sources and the outcomes of this approach. The comparative legal study of documents of the medieval period at a European level can help us to answer the question whether, long before the making of today’s Europe, today’s European countries were already connected by common legal forms.

Keywords: Byzantine law, ius commune, European legal culture, comparative law, European private law

Suggested Citation

Penna, Daphne, Odd Topics, Old Methods and the Cradle of the Ius Commune: Byzantine Law and the Italian City-States (December 12, 2017). Utrecht Law Review, Vol. 13, No. 3, p. 49-55, 2017. Available at SSRN: https://ssrn.com/abstract=3128248

Daphne Penna (Contact Author)

University of Groningen - Faculty of Law ( email )

9700 AS Groningen
Netherlands

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