the text, hut again the modern law occupies little space. Again, the hook circulated well outside Huber's nati\e Friesland. Naturally, the phenomenon is not restricted to elementary texthooks. The great Commenuirius (ui Pinniechis'C^omwientAry on the Digest,' of Johannes \'oet (first published, 1698-1704) also brings the law up to date in the body of the text, but again the commentary contains mainly Roman law. II. A \ ery different example of transplanting can be chosen from feudal law: different because the main source of propagation was not imperial legislation as with the Corpus luns C.ivilishnx. a prix ate work. Borrowing need not be of'stature law.'' Vet the mediaeval I.ihri Feu- (lorum(Books of the Feus) was in its own field as significant for legal dex elopment as Justinian's Corpus furls Civilis. It seems, as has been already mentioned, to have been a pri\ ate work by Obertus de Orto, a judge of the imperial court ofMilan, and composed in the first half of the i2th century. The work was followed bv a second and then a third version by the famous Bolognese jurist, Hugolinus, in 12^4 Its fame spread through western Europe, it was glossed, and appears as an appendix to the Corpus luris, and was lectured on b\' the \erv same scholars who taught Roman law. Books on feudal law were extremely numerous: all, so far as 1 am aware, based on the Lihri Feudorum. One qu(^tation from many possibilities, by Ci. L. Boehmer (171^-1797), in his Priticipiu luris Feudalis (Cjöttingen) tells us a great deal: "'Fhe sources ofcomuuni Cierman feudal law are the feudal of the Lombards receix ed throughout Germany, universal German feudal customs, the common laze of the empire contained in imperial sanetions, in Roman and in canon laxv." Noxv, xvhat are xve to make of this.' Pierre Legrand may pnttest as much as he likes, but this representatixx' i8th cenuirv quotation-representatixe, 1 insist-indicates a stron15 Another example would be of William Blackstone, Commentaries on theLawof England, which was of fundamental importance in the U.S.A. 108
RkJQdWJsaXNoZXIy MjYyNDk=