The early modern differentiae iuris civilis et canonici and ius commune
The early modern differentiae iuris civilis et canonici constituted part of a genre that was emblematic of the “new ius commune”, the early modern learned law which discussed the scope and relevance of late medieval ius commune for the then-current legal system. The authors of differentiae have not...
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| Format: | Article |
| Language: | fra |
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Association Clio et Themis
2024-11-01
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| Series: | Clio@Themis |
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| Online Access: | https://journals.openedition.org/cliothemis/5550 |
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| Summary: | The early modern differentiae iuris civilis et canonici constituted part of a genre that was emblematic of the “new ius commune”, the early modern learned law which discussed the scope and relevance of late medieval ius commune for the then-current legal system. The authors of differentiae have not articulated a coherent meaning of the term “ius commune”, and have only occasionally applied it with a slightly novel approach in their reasoning aimed at reconciling the discrepancies between the two bodies of law. Nevertheless, the early modern differentiae may be perceived as a legal genre that had the internal coherence of ius commune as one of its objectives. |
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| ISSN: | 2105-0929 |