A History of European Law

A History of European Law charts the development of law in Europe from its medieval origins to the present day.   It examines the transformation within European societies from a medieval understanding of law centred around the role of the Church and the local community towards one in which law was codified and set apart as an expression of the centralized, secular authority of the state. Such a change reflects many broader developments within European history, in political, economic and cultural terms. This overview uses the history of law to offer a fresh perspective on these wider issues.

Throughout, the author explores the changing social context of the relationship between law and culture and the development of political ideas about the modern state. He also demonstrates the diversity of traditions in Europe: for instance, France, with its set of law codes, differs fundamentally from Britain , with its tradition of common law. For the member states of the European Union, these differing perspectives were brought together in 2003 with the publication of the European Union Constitution. A History of European Law   not only helps us to appreciate the immense political and intellectual achievement that this document represents but also reveals its limitations in the ongoing search for common European values and goals.

Preface viii

Preliminaries x

1 Medieval Roots 1

I. A Legal Society Under Construction: The Workshop of Legal Practice 1

II. Medieval Maturity: The Laboratory of Learning 19

2 The Foundations of the Modern Legal System 39

3 Journeys in Contemporary Law 138

Further Reading 163

Notes 169

Bibliography 178

Index 190

Paolo Grossi (born in Florence in 1933) is Professor of History of Medieval and Modern Law at the University of Florence, and a member of the Accademia dei Lincei. He has recently been appointed   judge in the Constitutional Court of the Italian Republic. His most recent publications include Italian Civil Lawyers: An Historical Profile (2002), Law between Power and the Judicial System (2005), Society, Law, State: A Recovery for Law (2007), The Medieval Judicial System (2008) and First Lesson on Law (2008).

"With that said, it remains a remarkable work written by a master of his craft. It conveys complex ideas effortlessly and picks out interesting themes throughout." (The Edinburgh Law Review, 1 September 2011)