L’ORDINE SISTEMATICO NELLA TRADIZIONE CIVILISTICA EUROPEA.

Abstract

The goal of this paper is the reconstruction of european doctrinal tendencies, both ancient and modern. Civil law used to be approached in a systematic way in the conviction that only through complex schemes based on rational order was possible to create a true science of law. Over the centuries civil law was studied on the basis of ordering structures elaborated by means of logical defining and classifying procedures. Since the Middle Ages until the last century an impressive amount of work of this kind has been done, creating wide theoretical architectures. I will consider the different perspectives on the basis of which the “legal system” – or, better, the “legal systems” – have been conceived; I will also examine in depth the meaning of the expression “European civil tradition” with reference to the scheme elaborated in Europe mainly on the basis of private law, in accordance with the structures and contents originated by Justinian’s compilation.