Ius Commune Podcast

This episode of Ius Commune explores the history of medieval law through the research of Emanuele Conte, focusing on the relationship between Roman legal traditions, medieval juristic thought, and legal practice.The conversation examines the renewed study of Justinian’s Corpus Iuris Civilis from the late eleventh century and how medieval jurists transformed inherited Roman texts into legal concepts suited to their own societies. Particular attention is paid to the emergence of the ius commune, the circulation of legal manuscripts, and the creative role of jurists in developing new legal categories.The discussion also addresses legal pluralism and the coexistence of learned law, local customs, and municipal statutes, questioning how modern historiography has shaped our understanding of medieval legal culture.The episode ultimately invites listeners to reconsider medieval law not simply as the survival of Roman legal traditions, but as a dynamic intellectual and social construction, shaped by historical circumstances and by the interaction between texts, jurists, and everyday legal experience.

Roman law is often studied through juristic writings, imperial legislation, and legal compilations. Yet legal ideas also permeated a much broader range of texts, from philosophy and rhetoric to history, Jewish literature, and early Christian writings. Inspired by the conference Roman Law in Non-Legal Writings: Romans, Greeks, Jews and Christians, held in Munich in February 2026, this episode explores how these non-legal sources not only reflected Roman law but also participated in shaping legal knowledge and authority.Together with Professors Ulrike Babusiaux and Maren Niehoff, we discuss how legal concepts travelled across intellectual, religious, and social boundaries, becoming part of a shared cultural language. The conversation examines the relationship between law and narrative, the transmission of legal ideas beyond professional jurists, and the implications of these processes for understanding legal pluralism in the Roman world. More broadly, the episode invites us to reconsider Roman law not simply as a body of rules, but as a dynamic cultural phenomenon embedded in the wider intellectual life of antiquity.

This episode explores Ari Z. Bryen’s The Judgment of the Provinces: The Roman Empire and the Origins of Law and Society, a provocative reassessment of the relationship between law, society, and imperial power in the Roman world. Challenging traditional views of Roman law as a centralized system imposed from above, Bryen argues that law functioned as a shared language through which provincial populations interpreted authority, negotiated legitimacy, and reflected on the nature of empire itself.The conversation examines how legal documents, archives, courts, petitions, and trial narratives became sites of political and social meaning-making across the Roman provinces. Particular attention is paid to Bryen’s concept of a “provincial political theory,” according to which ordinary subjects, local communities, and religious groups used legal discourse to formulate their own understandings of justice and governance.The episode also follows the book’s broader narrative of transformation: from a world in which law was embedded in everyday social practice and public dialogue to one increasingly dominated by jurists, bureaucrats, and specialized legal expertise. In doing so, Bryen invites us to rethink not only Roman law, but also the historical relationship between law, power, and society more generally.

This episode explores the relationship between Hugo Grotius’s legal thought and the emergence of international law in the context of early modern European expansion. Rather than presenting Grotius as a purely abstract theorist, the conversation highlights his role as a legal advisor to the Dutch East India Company (VOC) and shows how his ideas were shaped by concrete commercial and political conflicts in the East Indies.A central focus of the episode is Grotius’s justification of alliances with non-Christian rulers, which challenged earlier theological prohibitions and provided a legal framework for Dutch cooperation with Asian polities. Drawing on natural law, as well as classical and Roman legal traditions, Grotius developed arguments that framed these alliances as legitimate instruments of both commerce and war. At the same time, the episode examines how these legal constructions were used to justify practices such as monopoly trade and military intervention.The discussion ultimately reflects on the broader implications of Grotius’s work, suggesting that early international law emerged not as a neutral or purely universal system, but as a flexible legal language shaped by imperial expansion, legal pluralism, and the reinterpretation of ancient legal traditions.

This episode examines Merav Haklai’s Money in Imperial Rome: Legal Diversity and Systemic Complexity, focusing on her central claim that money in the Roman world was not merely coinage but a legal and cognitive framework shaped by juristic reasoning. Rather than treating the Roman economy as either fully “modern” or socially embedded and pre-market, Haklai shows how Roman private law actively structured monetized exchange through precise doctrinal distinctions.The discussion explores how jurists defined pretium and merces, insisting on money as the proper price in sale while negotiating more flexible forms of remuneration in other contracts. These debates reveal that monetization was not assumed but constructed through legal categories. A comparative perspective with Jewish legal sources highlights the coexistence of multiple normative systems within the empire, reinforcing the book’s broader argument: Roman monetary order functioned as a complex, plural legal ecosystem in which diversity and standardization operated together.

This episode explores a provocative rethinking of Roman law—not as a coherent, rational system that governed everyday life, but as a powerful form of political imagination. Moving beyond the traditional image inherited from Justinian and later jurists, the discussion shows how legal texts functioned as symbolic tools through which Romans sought to imagine order, justice, and stability in an empire marked by uncertainty and autocracy. Law, in this sense, did not simply regulate society; it articulated ideals that often stood in tension with political reality.At the heart of the episode lies the contrast evoked by the title The God and the Bureaucrat: the emperor as both transcendent sovereign and mundane administrator. By examining imperial legislation, juristic discourse, and moments of political crisis, the conversation reveals how legality helped domesticate fear, legitimize power, and sustain the fiction of an impersonal legal order even where enforcement was fragile or selective. The episode also traces the afterlife of this Roman legal imagination, showing how later medieval and early modern jurists transformed symbolic and aspirational texts into doctrinal foundations of the ius commune. Ultimately, the discussion invites listeners to shift the question from what law is to what law does—in Rome and beyond—opening new perspectives on legality, legitimacy, and the rule of law in both historical and modern contexts.

What happened when Roman law—crafted for citizens and slaves of the ancient world—was revived to justify colonial domination centuries later? In this episode, we explore how early modern thinkers like Hugo Grotius reinterpreted Roman legal categories to structure Dutch imperial rule, and how these ideas took shape in the colonial reality of Curaçao. Legal historians Jacob Giltaij and Christine Mertens (University of Amsterdam) discuss their project Servus, which traces the global afterlife of the Roman servus, uncovering how concepts born in Antiquity continued to define freedom, subjection, and race across the Atlantic world.

In this episode, host and guest delve into the challenges and fascination of late Roman law and codification. Professor Peter Riedlberger—a leading historian of Late Antiquity at the University of Bamberg and principal investigator of two ERC projects (Acts of the Ecumenical Councils and AntCoCo: Understanding Late Antique Top-Down Communication)—explains how imperial constitutions and codices such as the Codex Theodosianus were produced, transmitted, and interpreted.Riedlberger discusses his approach that combines philology, legal history, and digital humanities, revealing how Late Antique laws were both normative texts and rhetorical performances meant to convey imperial authority. The conversation touches on the chaotic reality of legislation, the persistence of repetition and ambiguity even after codification, and the ways his ERC team reconstructs full constitutions from inscriptions, papyri, and manuscripts rather than relying solely on later excerpts.The episode frames codification not as an endpoint but as an evolving process of communication—showing how digital tools like Amanuensis and Cursor are transforming the study of ancient law.

Emilia talks with with Prof. Kaius Tuori about how Roman law served as a unifying force in post-war Europe. Prof. Tuori traces Roman law's role back to German legal scholars exiled in Britain during the Nazi regime. After the war, Roman law's legacy of shared legal principles offered a foundation for reiminaging Europe, both politically and legally.

In this episode, we talk to Dr. Peter Candy, Assistant Professor of Civil Law and Fellow of St. Catherine’s College at the University of Cambridge, about his book Ancient Maritime Loan Contracts (University of Michigan Press), which examines the commercial financing of the maritime trade in ancient Greece and Rome. It’s a period that contains the roots of modern shipping law, finance, insurance, and much more, and makes for a fascinating look at how private law operated in antiquity.Buy Prof. Candy's Book Here: https://press.umich.edu/Books/A/Ancient-Maritime-Loan-Contracts2