G china- EU School of law中欧法学院 lcic0ne中者去甲 Juridical experience during the early middle ages The fall of the roman empire left a huge void in Europe: Uncertainty dispersion of populations, great secur Proliferation of christianity Factual law= law of experience customs Linked to ancestors and gods Law is not",but"lived
Juridical experience during the early middle ages • The fall of the Roman Empire left a huge void in Europe: – Uncertainty, dispersion of populations, great insecurity. – Proliferation of Christianity – Factual law = law of experience ➔ customs – Linked to ancestors and gods – Law is not “thought”, but “lived
G china- EU School of law中欧法学院 lcic0ne中者去甲 Juridical experience during the early middle ages The order is already created, given by gods or ancestors> it's written in things, in nature It can only be discovered and read It cannot be modified but preserved
Juridical experience during the early middle ages • The order is already created, given by gods or ancestors ➔ it’s written in things, in nature – It can only be discovered and read – It cannot be modified, but preserved
G china- EU School of law中欧法学院 lcic0ne中者去甲 XI century Renaissance Beginning of"Europe", Geopolitical circumstances. The cease of invasions Bloom of cities Economic growth Political reorganization Empire Hierarchy of the Catholic church
XI century Renaissance • Beginning of “Europe” ➔ “Geopolitical” circumstances: – The cease of invasions – Bloom of cities – Economic growth – Political reorganization: • Empire • Hierarchy of the Catholic Church
G china- EU School of law中欧法学院 lcic0ne中者去甲 XI century Renaissance INTELLECTUAL Doctrine embodies DISCOVER: JUSTINIAN JURISTS study and two legal books COMPILATION INTERPRET these texts MPERIAL LAV→ CORPUS CREATION OF and thus create RIS CIVILIS The body of IUS COMMUNE UNIVERSITIES TO the law doctrine and Doctrinal law, case law LAW OF THE CHURCH STUDY ROMAN AND Jurisprudence CORPUS IURIS CANONICI ECCLESIASTICTEXTS The soul of the law
XI century Renaissance INTELLECTUAL DISCOVER: JUSTINIAN COMPILATION ➔ CREATION OF UNIVERSITIES TO STUDY ROMAN AND ECCLESIASTIC TEXTS JURISTS study and INTERPRET these texts and thus create doctrine and jurisprudence Doctrine embodies two legal books: • IMPERIAL LAW ➔ CORPUS IURIS CIVILIS = The body of the Law • LAW OF THE CHURCH ➔ CORPUS IURIS CANONICI = The soul of the Law IUS COMMUNE = Doctrinal law, case law
G china- EU School of law中欧法学院 lcic0ne中者去甲 IUS COMMUNE CULTURE XI-XVIlI CENTURIES JURISTS interpret Corpora to extract legal solutions and juridical fundamentations Doctrinal law Why? Legal books reveal an universal order created by god and the rules to achieve god's plan for mankind egal books are sacred they have a message always in force Law cannot be invented, by revealed through Interpretation
IUS COMMUNE CULTURE (XI-XVIII CENTURIES) • JURISTS interpret Corpora to extract legal solutions and juridical fundamentations ➔ Doctrinal Law • Why? ➔ Legal books reveal an universal order created by God and the rules to achieve God’s plan for mankind – Legal books are sacred = They have a message always in force – Law cannot be invented, by revealed through interpretation