OUTLINE — SECTION 6

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Usatges and Beaumanoir

 

The purpose of this section is to go over the rather elaborate argument that was contained in Lectures 11 and 12 about the role of customary law in the 12th and 13th centuries. It has been argued that documents such as the Usatges de Barcelona and Beaumanoir’s Coutumes de Beauvaisis would not have been possible had it not been for the revival of law at Bologna, and it has been argued that these documents have nothing to do with what happened at Bologna. The second argument seems clearly wrong, the first requires considerable qualification. Try to formulate a more sophisticated generalization about the relationship between customary law and “academic” law in the 12th and 13th centuries. You should check your generalization against what we have learned of the political and constitutional developments in these centuries.

 




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last modified:  01/18/11

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