IMC 2017: Sessions

Session 433: Sources of Legal Authority: ius commune and Customary Law in Conversation - A Round Table Discussion

Monday 3 July 2017, 19.00-20.00

Sponsor:Iuris Canonici Medii Aevi Consociatio (ICMAC) / Institute for Legal & Constitutional Research, University of St Andrews
Organisers:Matthew McHaffie, Department of History, King's College London
Danica Summerlin, Department of History, University of Sheffield
Moderator/Chair:Matthew McHaffie, Department of History, King's College London
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. This round table discussion seeks connections and commonalities between these two broad approaches to law in medieval Europe.

Participants include Jenny Benham (Cardiff University), Danica Summerlin (University of Sheffield), Jason Taliadoros (Deakin University, Melbourne), and Alice Taylor (King’s College London).