The Origins of the European Legal Order

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Cambridge University Press, Jan 18, 2007 - Law - 656 pages
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This is the first translation into English of "Alle Radici del Mondo Giuridico Europeo" published in Italy in 1994, and named "The Law Book of the Year" in 1995. The book is a comprehensive reappraisal of thinking on the common structural features of the various European jurisdictions. Professor Lupoi argues the case for the existence of an earlier system of common law as far back as between the sixth and eleventh centuries. Based on various Germanic customs, this law was codified in Latin and survives in modified form in modern English common law.
 

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Contents

a comparative approach
1
2 A historical and institutional profile of the Roman empire in the fourth and fifth centuries
5
Barbarians
47
4 Historical and institutional profiles of the new dominations
53
The days of the week
141
AngloSaxon charters
145
7 Consensus by assembly
173
Authority and consensus in judicial decisions
224
The AngloSaxon writ
303
11 Private allegiance
321
12 Open legal systems
368
Textual coincidences in documentary forms
437
Chronology of popes and sovereigns
506
Appendix of sources
511
Bibliography
524
Index
623

9 Public allegiance
232

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