Magna Carta And The Roman Law Tradition

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Magna Carta is one of the most important illustrations of the exceptionalism of English common law. Within a completely feudal framework it gave the clearest possible articulation to the concept of the rule of law and at the same time it also showed that there were certain basic rights which every freeman enjoyed without any specific conferment by the king. From English perspective, continental European law after the process of the reception of Roman law was commonly regarded to be apart and different from the English legal tradition, as well as being perceived to pose a continual threat. The English Parliament constantly turned down royal attempts to emulate the continental reception of Roman law by characterizing it as something entirely foreign to English law. Roman law was supposed to promote an authoritarian and absolutist vision of the relationship between rule and subjection and this was expressed in the famous phrases 'princeps legibus solutus' and 'quod principi placuit legis habet vigorem'. Roman law was also anti-feudal, because one of its main principles that all power originated from one central source was the antithesis of the distribution of power over multiple centers, which was a crucial element of the feudal society. Many English historians have held the view that the English law is democratic, whereas the continental tradition is undemocratic and authoritarian, and this is why the Roman law succeeded on the Continent and failed in England.

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  • Barche B. A. (2015). A History of Western Public Law: Between Nation and State. Heidelberg: Springer.

  • Berman H. J. (1983). Law and Revolution: The Formation of the Western Legal Tradition. Cambridge MA: Harvard University Press.

  • Buckland W.W. & Mcnair A. D. (1965). Roman Law and Common Law: A Comparison in Outline (2nd ed.). Cambridge: Cambridge University Press.

  • Carpenter D.A. (1999). The Plantagenet Kings. In Abulafia D. (ed.) The New Cambridge Medieval History: Vol. V 1198–C. 1300 (pp. 314-356). Cambridge: Cambridge University Press.

  • Colognesi. L. C. (2009). Law And Power in The Making of the Roman Commonwealth. Cambridge: Cambridge University Press.

  • Farrar C. (1988). The Origins of Democratic Thinking: The Invention of Politics in Classical Athens. Cambridge: Cambridge University Press.

  • Helmholz R. H. (1999). Magna Carta and the ius commune The University of Chicago Law Review 66 (2) 297-371.

  • Hudson J. (2012). The Oxford History of the Laws of EnglandVolume II: 871–1216 Oxford: Oxford University Press.

  • Harris E. M. (2006). Democracy and the Rule of Law in Classical Athens. Cambridge: Cambridge University Press.

  • Kern F. (1939). Kingship and Law in the Middle Ages Oxford: Blackwell.

  • Lundmark. T. (2012). Charting the Divide between Common and Civil Law. Oxford: Oxford University Press.

  • McSweeney T. J. (2015). Magna Carta Civil Law and Canon Law. In Magraw D. B. Martinez A. & Brownell R. E. (Eds.) Magna Carta and the Rule of Law (pp. 281-310). Chicago IL: American Bar Association.

  • Ryan M. (2015). Political Thought. In Johnston D. (ed.) The Cambridge Companion to Roman Law (pp. 423-451). Cambridge: Cambridge University Press.

  • Stacey P. (2007). Roman Monarchy and the Renaissance Prince. Cambridge: Cambridge University Press.

  • Stein P. (1999). Roman Law in European History. Cambridge: Cambridge University Press.

  • Ullmann W. (1975). Law and Politics in the Middle Ages: An Introduction to the Sources of Medieval Political Ideas. Cambridge: Cambridge University Press.

  • Van Caenegem R. C. (2004). European Law in the Past and the Future: Unity and Diversity over Two Millennia. Cambridge: Cambridge University Press.

  • Van Caenegem R. C. (1987). Judges Legislators and Professors: Chapters In European Legal History. Cambridge: Cambridge University Press.

  • Van Caenegem R. C. (1992). An Historical Introduction to Private Law Cambridge: Cambridge University Press.

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