Comparative Legal History
Show Less

Comparative Legal History

Edited by Olivier Moréteau, Aniceto Masferrer and Kjell A. Modéer

The specially commissioned papers in this book lay a solid theoretical foundation for comparative legal history as a distinct academic discipline. While facilitating a much needed dialogue between comparatists and legal historians, this research handbook examines methodologies in this emerging field and reconsiders legal concepts and institutions like custom, civil procedure, and codification from a comparative legal history perspective.
Buy Book in Print
Show Summary Details
You do not have access to this content

Chapter 6: Convergence and the colonization of custom in pre-modern Europe

Emily Kadens


This chapter argues that custom, unimpacted by learned law, does not function as formal law but rather as malleable community standards. When lawyers trained in the formal law of the ius commune turned their attention to custom, and tried to fit it into their educated understanding of law, they molded it into definitions and rules of evidence in the image of the learned laws. This changed custom from an inherently flexible system into a more rigid, lawlike one, and paved the way for the triumph of formal law over informal custom.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information

or login to access all content.