On 7 March 2018, Andrew Cecchinato, Attilio Stella, Sarah White and Will Eves took part in a roundtable at the University of Roma Tre to discuss their work and the nature of the project.
The paper Andrew presented in Rome outlined the general purpose of the project and presented an overview of his individual research. Andrew took this opportunity to present a select reading of the Introduction to the Commentaries, by focusing on Blackstone’s analysis of the relationship existing between English municipal law and the ius commune. He then compared Blackstone’s analysis with a number of English and Continental sources equally addressing the relationship between ius commune and municipal laws and highlighted their commonalities. During the discussion, Andrew was able to expand on Blackstone’s engagement with Medieval and Early Modern European jurisprudence
Sarah outlined the main area of her research: specifically, how the development and implementation of Romano-canonical procedure in England, mainly through treatises, may have influenced elements of the developing Common Law. She discussed the treatises used in this investigation and outlined some possible avenues of inquiry relating to theory and practice. Sarah received questions concerning the use of Roman law actions in both Romano-canonical and Common Law treatises, and discussed how this could affect the understanding and organisation of procedure in either system
Will spoke about the concepts of possession and proprietas in Roman law, and their potential influence on the legal reforms introduced by Henry II in England in the twelfth century. He highlighted the problems we encounter when we try to describe actions introduced in England during this period as either ‘possessory’ or ‘proprietary’, and discussed whether the Roman law idea of ‘ownership’ could be used to describe landholding in England during the High Middle Ages. During the discussion Will considered the terminology of ‘right’ in English law, and spoke more on the relationship between lordship, tenure, and ideas of ownership in medieval Europe.
In his talk on the making of feudal law in 12th- and 13th-century Italy, Attilio developed three major points: (1) the question of how practice and real litigation related to the Libri Feudorum and later legal literature on fiefs; (2) how practices which were foreign to the Roman law tradition could be framed into Roman law categories, in particular the legal actiones; (3) the contextual construction of the ius commune, from real facts and actual court cases to universal rules.
Researchers involved in the Civil Law, Common Law, Customary Law project will hold a roundtable to discuss aspects of their work at the Department of Law, University of Roma Tre, on 7 March, 1.30pm.
This roundtable coincides with archival research Drs Will Eves and Sarah Wight plan to undertake in the Vatican Library from 5-9 March. A report on this research will be published as a research update in the near future.
The project ‘Civil Law, Common Law, Customary Law: Consonance, Divergence and Transformation in Western Europe from the late eleventh to the thirteenth centuries’ invites applications for two PhD studentships, for applicants to start PhDs at the University of St Andrews in September 2018. Each student will examine the development of land law within a chosen region of western Europe in the period 1050-1250. Preference may be given to candidates working on France, Catalonia, or Italy, but applications to work on other areas will be considered too.
Applicants should have completed a taught-postgraduate degree (or equivalent) by September 2018. The studentships are fully funded covering stipend and fees for UK and EU resident students. Non-EU students can also be considered for further University scholarships for international fees.
Applicants should apply for a PhD place via the University of St Andrews standard application process (see here for more information). In addition, they should submit a research outline of a maximum of 500 words directly to Professor John Hudson by email to email@example.com.
In mid-October John Hudson taught classes in Emanuele Conte and Angela Condello’s ‘Law and Humanities’ course at the University of Roma Tre. The classes concentrated on the presentation of law within the acclaimed HBO series ‘The Wire’.
Comparison was made between the state-based law of police and judicial system on the one hand, and on the other the customary norms of ‘The Game’, that is, the culture and practices of the drug trade and its participants, as well as the customary norms of medieval Icelandic law as revealed by Njál’s Saga. Also considered were the differences of Common and Civil Law practices for televisual presentation; does the Common Law’s adversarial trial system particularly suit dramatic purposes, be it for depiction of straightforward contests between good and evil or of more nuanced conflicts? does the audience stand in the same place as the Common Law jury? may an inquisitorial system in the Civil Law break down some of the genre differences between police and legal drama?
With a class from four continents and ten countries, we were able to assess such questions not just in terms of authorial aims, but also of audience reception. Those from Civil Law systems watched The Wire’s trial scenes in subtly different ways than those from Common Law systems, whereas that difference of legal tradition had less effect on perception of the customary norms that can be uncovered in ‘The Game’ or in Njál’s Saga.
On Friday 29 September members of the CLCLCL project participated in a panel discussion about the nature of legal development in the middle ages. This event took place as part of the 2017 Explorathon Scotland, an event designed to promote public engagement with recent developments in academic research.
(L-R): Dr Will Eves, Professor John Hudson and Dr Andrew Cecchinato