Medieval Canon Lawyers and European Legal Tradition. A Brief Overview

The Roman Church was a leading public institution of the Middle Ages and its law, canon belonged to most powerful factors European legal history. Today’s lawyers have hardly any awareness canonist origins several current institutions. Together with law constituted system “both laws” (utrumque ius) which were only laws acknowledged as “learned” and, consequently, taught at medieval universities. dualism secular (imperium) spiritual power (sacerdotium), symbolized by so-called two swords doctrine, conferred Western tradition balance stability. We analyze important institutional achievements lawyers: acquisitive prescription, Roman-canonical procedure, theory just war, marriage family freedom contract, inheritance under will, juristic personality, some institutions constitutional in particular those based on concept representation, finally commercial law. Last not least, applicability defined territorial extension early modern Christian civilization exceeded far borders Holy Empire, where effective ruler. Hence, first scholar associate (continental) Europe relatively homogeneous area, Paul Koschaker, committed his monograph Europa und das römische Recht, published 1947, error taking part for whole. In fact, based, entirety, Roman, but rather law; embracing common England, it represented – cite Harold Joseph Berman great “transnational culture”. At end, structural features are discussed, such frequent use soft-law instruments respect tradition, clearly visible approach problem codification.