ABSTRACT

The distinction between public and private law was an invention of Roman law. In terms of public law, the fundamental question addressed by medieval Roman and canon law jurists was indeed that of the relationship between universal and territorial sovereignty. It has long been recognized that the medieval Roman and canon law jurists made important contributions to the origins of private international law. These juristic opinions provide a mine of information not just for private international law but also for the whole range of social, economic, and political questions which came within the purview of the law. The most long-lasting contribution of the medieval scholarship of Roman and canon law was to the development of the notion of generally applicable norms of law, the categories of natural law and the ius gentium. The category which was fundamental for the development of international law was clearly the ius gentium.