Equity in the Modern Era

Abstract

By the end of the Middle Ages, the interplay between canon law and civil law had bequeathed to Europe the so-called ius commune, “the general law common to European lands prior to the nineteenth century” on which the civil law tradition was built., Soon, however, the ius commune would have to face the challenges brought about by a new school of jurists which aimed at “recovering the true Roman law from the obfuscations of the glossators and commentators”. It is the school known as Legal Humanism (or mos gallicus vis-a-vis the traditional—Bartolist—mos italicus).