Religion Past and Present

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Common Law
(451 words)

[German Version]

The development of the concept of common law began in the legal doctrine of the High Middle Ages as a complementary notion to that of statutory law, whereby the medieval jurists could also draw on Roman legal texts. The most significant contributions to the definition of common law in the scholarly jurisprudence of the Middle Ages were made by the canonists. As early as the 12th century, the doctrine establishing the plenitudo potestatis of the pope had already led the formulation of the principle that the validity of common law rested on the tacit ap…

Cite this page
Landau, Peter, “Common Law”, in: Religion Past and Present. Consulted online on 20 November 2019 <http://dx.doi.org/10.1163/1877-5888_rpp_SIM_08636>
First published online: 2011
First print edition: ISBN: 9789004146662, 2006-2013



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