ABSTRACT

The Roman law had rules about private law but they were not organized systematically into doctrines or explained by principles. In a sale, he is bound by those of the law of sales, in a lease, by those of the law of leases, and so forth In this way, the Canonists created what one might call a distinct body of private law. The Canon law counseled every Christian as to when he might need forgiveness. Guided by manuals such as these, the priest could do so without himself knowing the many sources, Roman and Christian, on which it was based. James Whitman believes that there were serious tensions between Roman law, which was, after all, the work of pagan authors, and the values of medieval Christians. It may be, however, that these doctrines address problems that were more likely to trouble Christians concerned about sin than to ancient Roman jurists concerned about litigation.