Regulae Iuris in the Medieval and Modern Age : Essential Stability vs. Evolving Contexts / edited by Ilya A. Kotlyar.

Format:

Book

Contributor:

Kotlyar, Ilya A., editor.

Series:

Early Modern History and Modern History E-Books Online, Collection 2025.

Legal History Library ; 78.

Early Modern History and Modern History E-Books Online, Collection 2025

Legal History Library ; 78

Language:

English

Subjects (All):

Classical Studies.

Classical Tradition & Reception Studies.

History.

Law--History.

Law.

Middle Ages.

History, Modern.

Physical Description:

1 online resource (268 pages)

Edition:

1st ed.

Other Title:

Essential Stability vs. Evolving Contexts

Place of Publication:

Leiden ; Boston : Brill | Nijhoff, 2026.

Language Note:

English

Summary:

This volume is the first anthology to address the topic of the regulae iuris , or maxims of law, from a uniform methodological point of view. It approaches the regulae iuris as a dynamic system with an ever-evolving structure. The contributors of this volume, being among the leading experts in the field, look at the regulae both in their essence and in their expanding interrelationships, taking account of their changing social and cultural contexts. This volume places the crystallisation and evolution of legal rules within a history of ideas, spanning a wide historical period and going beyond the narrow confines of the history of legal thought. Contributors are: Ilya A. Kotlyar, Adolfo Giuliani, Maria Kola, David Deroussin, Piotr Alexandrowicz, Ger Coffey, Harry Dondorp, Emanuel G.D. van Dongen, and James R. Gordley.

Contents:

Intro

Half title Page

Series Page

Title Page

Copyright Page

Contents

Acknowledgements

Notes on Contributors

Introduction

1 The Background of This Volume

2 Methodology and Summary of This Volume

Chapter 1 Roman and Medieval Juristic Regulae and Brocarda from the Structuralist Perspective: RealEntities or "Signs"?

1 Medieval Dialectics and Its Epistemology: "Probable Truth" as Contextual Truth

2 Regulae Iuris: To What Extent Dialectical?

3 Structural Linguistics as a Method: Connections with Dialectics and Law

4 Dynamic vs Static, Particular vs Universal in Language Compared to Medieval Jurisprudence

5 Establishing Structural Cohesion among the Regulae: Preliminary Results and a Programme of Action

6 Conclusion

Bibliography

Chapter 2 Knowing through Maxims

1 Maxims: A View from the 21st Century

2 Maxims: The Internal Architecture

2.1 Medieval Foundations: Boethius

3 Maxims' Ordering Function

4 Knowing through Maxims

4.1 Knowing by Seeing and Knowing by Non-seeing: (i) scientia, (ii) fides and opinio

4.2 Representing "What Usually Happens"

5 Early Modern "Artificial Reason"

5.1 Artificial Method

5.2 Maxims in the Context of Artificial Reason

5.3 Maxims as Small-Scale Models of Reality

Primary Sources

Secondary Sources

Chapter 3 Regula "ubi eadem ratio, ibi eadem iuris dispositio" through the Prism of Early Modern locus a simili

1 Introduction

2 Greek Transplants with Borrowings Involving Analogy

3 Greek Transplants with Topics (τόποι)

4 Ratio: The Essence of the regula

5 Authors of Collections of loci legales in the 16th Century

6 Petrus Andreas Gammarus (Pietro Andrea Gambaro)

7 Nicolaus Everardus (Nicolaas Everaerts)

8 Claudius Cantiuncula (Claude Chansonnette).

9 Iohannes de Arnono (Giovanni d'Arnono)

10 Joannes à Reberteria (Jean de La Reberterie)

11 Conclusions: regula "ubi eadem ratio ibi eadem iuris dispositio" among loci a simili

Literature

Printed Editions

Chapter 4 The Regulae Iuris as a Key Instrument of the Systematics of Law: The Example of French Legal Doctrine (before and after 1804)

1 How to Identify and Shape the Regulae Iuris in France?

1.1 The Legal Doctrine as the Authority Best Able to Formulate the Regulae Iuris

1.2 How to Design a Regula Iuris?

2 What Are the Regulae Iuris's Possible Functions in France?

2.1 Regulae Iuris as a Key to Organising the Legal Order

2.2 Regulae Iuris as Guidelines for the Interpreter

2.3 Regulae Iuris as a Vehicle for Ethical and Social Values

3 Conclusion

Sources

Chapter 5 Does Truth Fear No Scandal? On the Regulae Iurisand the Legal Commentaries in Canon Law (12th-17th Centuries)

2 The Origins and Interpretation of c. Qui scandalizaverit up to 1234

3 The Earliest Commentaries to c. Qui Scandalizaverit in Liber extra

4 Later Medieval Commentaries

5 Early Modern Commentaries

6 Summarium to c. Qui scandalizaverit

7 Conclusions: c. Qui scandalizaverit and regulae iuris in Canon Law

Manuscripts

Secondary Literature

Chapter 6 Landmarks in the Historical Development of the Double Jeopardy Principle

2 Raison d'être

3 Genesis of the Principle

4 Classical Antiquity

5 Late Antiquity

6 Canon Law

7 Privilegium Clericale in 12th to 13th-Century England

8 Medieval English Criminal Procedure

9 The Absence of the Principle against Double Jeopardy in the Sources of Common Law

10 Treatises, Commentaries, and Institutes.

11 Post-medieval Developments

12 Analysis

13 Conclusion

Chapter 7 Duorum in solidum dominium esse non potest

2 Under the Same Law Ownership in Entirety Cannot Be in Two Persons

3 Ownership in the Entirety of the Same Thing Cannot Be in Two Persons

4 The Ownership of the Same Nature Cannot Be in Two Persons

5 Ownership in Entirety Cannot Be in Two Private Persons

6 Ownership Liable to Reversal and Ownership in spe

7 Bartholomeo Socini's Exceptions to the regula

8 Conclusion

Appendix

Printed Sources

Chapter 8 Quod quis ex sua culpa damnum sentit, damnum sentire non videtur

2 The Text of D. 50.17.203 in the Original Classical Roman Law Context

3 D. 50.17.203 in Justinianic Law

4 The Regula in Medieval Roman Scholarship

5 The Regula in Medieval Canon Law

6 Humanistic Thoughts on the Regula

7 The Regula of D. 50.17.203 in the Roman-Dutch, usus modernus and Natural Law

8 The Revival of Roman Law in 19th-Century Germany and the Netherlands

9 Conclusion

Conclusion. Regulae Iuris: The Medieval Understanding

Index of Regulae (Maxims)

Index of Matters.

Notes:

Includes bibliographical references and index.

Description based on publisher supplied metadata and other sources.

Description based on print version record.

ISBN:

90-04-73609-3

9789004736092

OCLC:

1544920928

Publisher Number:

10.1163/9789004736092 DOI