The article challenges the historiographic cliché, tracing back to F.W. Maitland and handed down to us by the European legal tradition, of the existence of a dichotomy between common law and ius commune. Such an interpretation, taking the “Englishry” of English law for granted, contributed to build its history on its exceptionality with respect to Continental law. The article, focusing on points of connection and overlapping between common law and ius commune, highlights the existence of a common European legal tradition since the middle ages.
The Invisible Border between Ius Commune and Common Law: Traditional Interpretations and New Prospects, in D. Freda, M. Piccinini, H. Pihlajamäki, C.M. Valsecchi (a cura di), Borders of the Early Modern Ius Commune. England, Venice and Scandinavia, Routledge, London & New York 2025 / Freda, Dolores. - (2025), pp. 95-110.
The Invisible Border between Ius Commune and Common Law: Traditional Interpretations and New Prospects, in D. Freda, M. Piccinini, H. Pihlajamäki, C.M. Valsecchi (a cura di), Borders of the Early Modern Ius Commune. England, Venice and Scandinavia, Routledge, London & New York 2025.
dolores freda
2025
Abstract
The article challenges the historiographic cliché, tracing back to F.W. Maitland and handed down to us by the European legal tradition, of the existence of a dichotomy between common law and ius commune. Such an interpretation, taking the “Englishry” of English law for granted, contributed to build its history on its exceptionality with respect to Continental law. The article, focusing on points of connection and overlapping between common law and ius commune, highlights the existence of a common European legal tradition since the middle ages.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.


