Bartolus On The Conflict Of Laws

Beale, Joseph Henry. Bartolus on the Conflict of Laws. Translated into English by Joseph Henry Beale. Cambridge: Harvard University Press, 1914. 86 pp. Reprinted 2003 by The Lawbook Exchange, Ltd. LCCN 2002038864. ISBN 1-58477-294-8. Cloth. $65. * Probably the first doctrine on the conflict of laws, this is a portion of Bartolus' commentary on Justinian's Code and its glosses, his Super Primam et Secundam Partem Codicis Commentaria. Copied often in manuscript, it appeared in print in 1471. It takes into account local customs and statutes, and contains what may be the first clear recognition of the principle that the lex loci governs the validity of a legal act. Bartolus also appreciated the distinction between laws effective only within the territory and laws that might have operation outside the territory, a distinction that assumed great importance in later continental writings on the subject. One of the great medieval commentators, Bartolus di Sassoferrato [1313-1357] was a professor of law at the University of Perugia. His authority as an expositor of Roman law was immense, and it endured for centuries. A practical lawyer, Bartolus attempted to derive principles suitable to his time from the accumulated layers of local, feudal and Roman law.

Showcases a novel method for approaching private international law combining theoretical insight, textual analysis and historical context.

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This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.