European law drew its reasoning and terminology from Rome despite local sources prevailing

Evidence

This is not to say that European monarchs seized upon Roman law in order to impose it on their subjects. Because of the political fragmentation in Europe, rulers were rarely in a position to impose much law on anyone. In addition, societal changes had rendered parts of the Roman law obsolete; for example, those sections dealing with slavery. Other elements of the Roman law—for example, family law—were already dealt with by the canon law established by the Catholic Church. As a result, the law that came to prevail in Europe reflected local, non-Roman sources. Nevertheless, jurists and practitioners alike drew their conceptions of law, as well as their legal terminology and their approach to legal reasoning, from the tradition of Roman law. — G. Alan Tarr, Judicial Process and Judicial…, 144

Categorization

  • XREF: Connects to the course theme of contrasting sources of legal authority between civil- and common-law systems explored across this textbook. — connects to: Roman law provided the conceptual foundation for modern civil-law systems — G. Alan Tarr, Judicial Process and Judicial…, 142; Roman law shaped European legal reasoning more than actual rule content. — G. Alan Tarr, Judicial Process and Judicial…, 130; The customary law Europeans applied was largely invented by them — Alice L. Conklin, A Mission to Civilize_ The Republican…, 1081 (+2 more)

Broader Connections