Reassessing legal humanism and its claims: petere fontes?

Edinburgh: Edinburgh University Press (2016)
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Abstract

Legal humanism has become deeply entrenched in most modern works on European legal history from the 17th century onwards and has been accepted with such blind faith by many modern scholars that few have challenged it. As a result, it has been used to substantiate larger claims about the deathof Roman law, the separation between the golden age of a pan-European medieval ius commune and the fragmented reception of Roman law into the nation states of Europe, and the relevance of 'dogmatic' Roman law as opposed to 'antiquarian' Roman law.Now, the traditional grand narratives of European legal history have begun to be questioned, to the extend that the nature and legacy of legal humanism now deserve closer scrutiny. Building on the groundbreaking work by Douglas Osler, who has been critical of the traditional narratives, this volumeinterrogates the orthodox views regarding legal humanism and its legacy. Fundamentally reassessing the nature and impact of legal humanism on the narratives of European legal history, this volume brings together the foremost international experts in related fields of legal and intellectual history to debate the central issues.

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