Session433
TitleSources of Legal Authority: ius commune and Customary Law in Conversation - A Round Table Discussion
Date/TimeMonday 3 July 2017: 19.00-20.00
 
SponsorIuris Canonici Medii Aevi Consociatio (ICMAC) / Institute for Legal & Constitutional Research, University of St Andrews
 
OrganiserMatthew McHaffie, St Andrews Institute of Mediaeval Studies, University of St Andrews
Danica Summerlin, Department of History, University of Sheffield
 
Moderator/ChairMatthew McHaffie, St Andrews Institute of Mediaeval Studies, University of St Andrews
 
AbstractIus commune and customary law are often seen as resting on different principles to structure legal authority and decision-making. The authority of written law in the ius commune is contrasted with the importance of precedent and consensus in customary law. Such distinctions have often been deployed by historians to argue for the sophistication of ius commune law in comparison to customary law, where the latter stands as a muddle of divergent practices when seen against the systematic organisation of the former, even though so stark an opposition now feels outmoded and inadequate. This round table discussion seeks connections and commonalities between these two broad approaches to law in medieval Europe.

Participants include Jenny Benham (Cardiff University), Danica Summerlin (University of Sheffield), Jason Taliadoros (Deakin University, Melbourne), and Alice Taylor (King's College London).