Differentiation literature
As Differentienliteratur one is comparative literary genre called, whose task is to show the differences between two areas of the law.
Differential literature has been known since the Middle Ages . During the period, Roman law ( ius civile ) and canon law ( ius canonicum ) were compared . In early modern jurisprudence, primarily common law ( ius commune ) and local particular law ( ius particulare ) were compared to one another. Originally, the only standard was Roman law; It was taken up in the form of the corpus iuris of the late antique emperor Justinian, which returned to legal consciousness in Bologna from the 12th century . The commentators' teaching companies refined the scientific work on the corpus for purposes of usability in everyday legal practice, which already meant dealing with original legal customs.
The legal comparison between feudal , canonical, Mosaic and natural law ( ius naturae ) was also not unusual . The underlying principle of order comes from antiquity ( genus and differentia specifica ). The comparative works were conceptualized as collatio . With the Mosaicarum et Romanarum legum collatio, a concise forerunner work from late antiquity dates back to the time of the change from the 4th to the 5th century. She compared Jewish and Roman law.
In Europe, they spread increasingly from the 16th century onwards in steadily growing editions. In Germany in particular, the literary genre has since been relocated to “disputations” and “dissertations”.
literature
- Hermann Lange , Maximiliane Kriechbaum : The Commentators (= Roman Law in the Middle Ages, Volume 2). Beck, Munich 2007, ISBN 978-3-406-43082-4 . Pp. 429-433.
Remarks
- ↑ Gero Dolezalek : Differentienliteratur . In: Adalbert Erler, Ekkehard Kaufmann (Hrsg.): Concise dictionary for German legal history . Volume I, Erich Schmidt publishing house. Berlin 1971. pp. 741 f.
- ^ Heinz Mohnhaupt: Comparative Law . In: Adalbert Erler , Ekkehard Kaufmann (Hrsg.): Concise dictionary for German legal history . Volume IV, Erich Schmidt publishing house. Berlin 1990. p. 405.
- ↑ a b Attila Badó, Detlev W. Belling , Bóka János, Mezei Péter: International conference on the tenth anniversary of the Institute for Comparative Law at the University of Szeged . In: Acta Iuridica Universitatis Potsdamiensis . Universitätsverlag Potsdam 2014. ISBN 978-3-86956-308-4 . P. 281 ff.
- ↑ Helmut Schnizer : Differentienliteratur zum Canonischen Recht: An unknown genre of literature as evidence of the dialectical power of canon law in the development of private law in modern times . Leykam-Verlag, Graz 1975. pp. 335-353.