Characteristics and Impact of the Ius Commune Legal System

Defining Features of the Historical Common Law (Ius Commune)

The historical Common Law, often referred to as the Ius Commune in Continental Europe, possessed several defining characteristics:

1. Law Developed by Jurists: It is a law primarily developed by legal scholars and practitioners. The State was often separate from the initial legal establishment.
2. Academic Origin: The law was largely created and refined within universities.
3. Creation of Legal Works: The manifestation of this law involved the creation of extensive legal works and commentaries.
4. Claim to Universal Validity: This law claimed universal validity, seeking application beyond specific local jurisdictions.
5. Sources of Law: The law drew heavily upon the content of Roman Law (especially the Corpus Juris Civilis) and Canon Law. To a lesser extent, it incorporated certain inherent rights and regional customs, such as feudal law in Lombardy.
6. Foundation in Universal Jurisdiction: The system was founded in the jurisdiction of either the Emperor or the Pope. This foundation explains its claim to universal validity, as the law applied wherever the Emperor or Pope exercised universal jurisdiction.
7. Expressed in a Common Language: The law was discussed, explained, and disseminated primarily in Latin. The existence of this common language greatly facilitated its spread and effect across different regions.

Consequences of the Common Law System

The establishment of the Ius Commune led to profound consequences, primarily centered on the creation of a unified legal culture:

Establishing a Common Legal Culture

This is the main consequence from which all others derived:

• Shared Legal Vocabulary: A common legal language emerged, referring to shared categories and concepts. Across Europe, jurists shared a common legal vocabulary.
• Development of Common Institutions: Common institutions were developed, especially in the private sphere, such as standardized forms of contracts. This included various types of sales and classifications of contracts (e.g., real, consensual, solemn), which became common across the system.
• Common Procedures for Dispute Resolution: Standardized procedures were established for resolving disputes. The procedure prevalent during the era of the Common Law was typically a written procedure.