Magna Carta and the ius commune

The English Magna Carta (1215) has long stood as a symbol of human liberty and the rule of law. This Article investigates its intellectual origins, suggesting the existence of possible influence on the Charter by the contemporary ius commune, the amalgam of Roman and canon laws that had emerged in c...

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Bibliographic Details
Published in:The University of Chicago law review 1999-04, Vol.66 (2), p.297-371
Main Author: Helmholz, R. H.
Format: Article
Language:English
Subjects:
12th century
Attorneys
Canon law
Canon laws
Churches
Civil law
Common law
Communes
Comparative analysis
Historians
Historic documents
History
Influence
Investigations
Law (Magna Carta)
Magna Carta
Popes
Rule of law
Statutory law
United Kingdom
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Summary:The English Magna Carta (1215) has long stood as a symbol of human liberty and the rule of law. This Article investigates its intellectual origins, suggesting the existence of possible influence on the Charter by the contemporary ius commune, the amalgam of Roman and canon laws that had emerged in consequence of the revival of legal studies on the Continent in the twelfth century. Comparing the substance of over half of the chapters with the contemporary ius commune, the Article demonstrates that many similarities existed. Accepting the possibility of use of Continental sources in drafting the Charter helps explain otherwise puzzling features in it. It also accords with common patterns in legal development at the time.
ISSN:0041-9494
1939-859X
DOI:10.2307/1600469