University of Chicago Law School Chicago Unbound Journal Articles Faculty Scholarship 1999 Magna Carta and the ius commune Richard H. Helmholz Follow this and additional works at: https://chicagounbound.uchicago.edu/journal_articles Part of the Law Commons Recommended Citation Richard. H. Helmholz, "Magna Carta and the ius commune," 66 University of Chicago Law Review 297 (1999). This Article is brought to you for free and open access by the Faculty Scholarship at Chicago Unbound. It has been accepted for inclusion in Journal Articles by an authorized administrator of Chicago Unbound. For more information, please contact
[email protected]. The University of Chicago Law Review Volume 66 Spring 1999 Number 2 © 1999 by The University of Chicago Magna Carta and the ius commune R.H. Helmholzt The English Magna Carta (1215) has long stood as a symbol of human liberty and the rule of law. This Article investigates its intellectualorigins, suggesting the existence of pos- sible influence on the Charter by the contemporary ius commune, the amalgam of Roman and canon laws that had emerged in consequence of the revival of legal studies on the Con- tinent in the twelfth century. Comparing the substance of over half of the chapters with the contemporary ius commune, the Article demonstrates that many similarities existed. Ac- cepting the possibility of use of Continental sources in drafting the Charter helps explain otherwise puzzling features in it. It also accords with common patterns in legal develop- ment at the time. INTRODUCTION The subject of this inquiry is not unexplored territory. Far from it. Indeed writing about Magna Carta at all requires a measure of presumption.