The civil law systems of continental Europe, Latin America and other parts of the world, including Japan, share a common legal heritage derived from Roman law. However, it is an inheritance which has been modified and adapted over the centuries as a result of contact with Germanic legal concepts, the work of jurists in the mediaeval universities, the growth of the canon law of the western Church, the humanist scholarship of the Renaissance and the rationalism of the natural lawyers of the seventeenth and eighteenth centuries. This volume provides a critical appreciation of modern civilian systems by examining current rules and structures in the context of their 2,500 year development. It is not a narrative history of civil law, but an historical examination of the forces and influences which have shaped the form and the content of the modern codes, as well as the legislative and judicial processes by which they are created and administered.

This account of civil law explores the Roman achievement as well as tracing how the contribution of the ancients was recognized and embraced during the intervening centuries by the various schools of civil and canon law, and also how the civilian tradition encompassed and absorbed many features from the legal arrangements of the Germanic world and other legal orders. The volume is designed to assist the reader who seeks an historical explanation of the similarities which exist among the civil law countries of contemporary Europe. It is not intended to furnish a narrative history of European civil law from ancient Rome to the present time. Instead, it focuses upon the development of those parts of the civilian legal heritage which are important to an understanding of contemporary civil law systems, while supplying sufficient information regarding the general history of the civilian tradition to make those developments comprehensible.