Ratio scripta
"Ratio scripta", or "written reason", was the assessment of Roman law commonly held in Europe during the Medieval period.[1] It emerged during the revival of Roman law, serving as the basis of the ius commune.[2] It was also used to evaluate the validity of leges propria or the local customs and positive legislation.[2] Ratio scripta is also used to denote the popular opinion of Roman law held during the Medieval period.[3] It could also mean the written opinion of a tribunal explaining its decision over a case.[4]
Ratio scripta was the basis of the popularity of the Roman law in medieval Europe. According to scholars, the Roman law was widely adopted because ratio or reason meant the law.[5] In France, for instance, the Roman law is often invoked as a standard and as a reference to the law in general.[5]
References
- ^ International Law - Terms and Phrases
- ^ a b Tuori, Kaarlo (2016). Ratio and Voluntas: The Tension Between Reason and Will in Law. Oxon: Routledge. p. 61. ISBN 9781409420132.
- ^ Nguyen, Nam H. (2018-03-18). Essential 25000 English-Norwegian Law Dictionary (in Norwegian). Nam H Nguyen.
- ^ "Ratio scripta n. : Guide to Latin in International Law - oi". oxfordindex.oup.com. doi:10.1093/acref/9780195369380.013.1784 (inactive 2020-09-16). Retrieved 2019-05-30.
{{cite web}}: CS1 maint: DOI inactive as of September 2020 (link) - ^ a b Moréteau, Olivier; Masferrer, Aniceto; Modéer, Kjell A. (2019). Comparative Legal History. Cheltenham, UK: Edward Elgar Publishing. p. 228. ISBN 9781781955215.
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