IMC 2017: Sessions
Session 133: Sources of Legal Authority: Ius commune and Customary Law in Conversation, I - Terms and Practice of Law
Monday 3 July 2017, 11.15-12.45
| Sponsor: | Iuris Canonici Medii Aevi Consociatio (ICMAC) / Institute for Legal & Constitutional Research, University of St Andrews |
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| Organisers: | Matthew McHaffie, Department of History, King's College London Danica Summerlin, Department of History, University of Sheffield |
| Moderator/Chair: | Helle Vogt, Center for Retskulturelle Studier, Det Juridiske Fakultet, Københavns Universitet |
| Paper 133-a | The ius commune, Ordines Iudiciarii, and English Ecclesiastical Court Procedure (Language: English) Index terms: Administration, Canon Law, Ecclesiastical History, Law |
| Paper 133-b | Comparing Legal Sources: The Problem of Liege Lordship (Language: English) Index terms: Administration, Law, Politics and Diplomacy |
| Paper 133-c | Between Treatise and Reality, Text and Authority: Mort d’ Ancestor in Bracton and in the Courts (Language: English) Index terms: Administration, Canon Law, Law |
| Abstract | Ius commune and customary law are often seen as resting on different principles to structure legal authority and decision-making. The authority of written law in the ius commune is contrasted with the importance of precedent and consensus in customary law. Such distinctions have often been deployed by historians to argue for the sophistication of ius commune law in comparison to customary law, where the latter stands as a muddle of divergent practices when seen against the systematic organisation of the former, even though so stark an opposition now feels outmoded and inadequate. These sessions seek connections and commonalities between these two broad approaches to law in medieval Europe. |