The Jurisprudence of the Medieval Lawyers (11th to 14th Centuries)
Under this body of jurisprudence, we primarily focus on analyzing and contextualizing early signs of an idea of an inner self in legal narratives. The first body of jurisprudence has particular importance as it lays the groundwork for the research on other bodies. It also highlights the transhistorical methodology of the project. In particular, Roman private law and its medieval re-interpretation inform us about subtle signs of legal implications of an inner self. The work in this body is being co-led by Patrick and Talya.
01
The Civil Law and the Inner Self: Roman Iniuria and the Transformation of the Private
Talya has authored a full-length paper on the Roman concept of iniuria (damage to personality) in which she traces the emergence of a legal design for the protection of the inner realm. In this paper, she focuses in particular on the initial development of personality protection in the civilian tradition with an emphasis on defamation laws.
This paper was published in The Journal of Civil Law Studies in 2024 and can be accessed here.
Talya is currently expanding on this research and this work will feature in our book, Law and the Inner Self: A Transhistorical Study
02
Medieval Canon Law and the Inner Self
No study of the jurisprudence of the Middle Ages would be complete without a close analysis of canon law. Patrick O'Callaghan is leading the research on the relationship between classical canon law and the idea of the inner self. Our central case study here is Gratian's Decretum, focusing in particular on the part called De penitentia, which systematises the rules relating to confession and penance. In this part of the Decretum, we also find references to Roman (civil) law. This research on canon law will feature as a distinct chapter in our book, Law and the Inner Self: A Transhistorical Study.
03
Thoughts, Words, and Promises: Fides and the Legal Significance of the Inner Sphere
Another important theme in our research is the concept of good faith in European law, particularly its emergence in the first body of jurisprudence. Its development in ancient Roman legal culture was transmitted to early modern European civil codes through its medieval recontextualization, revealing early signs of a concept of the inner self based on Christian morality. In its modern sense, it illustrates how aspects belonging to the inner spheres of individuals, such as a sense of honesty, loyalty, and trust, gain legal meaning through this principle. A transhistorical look at good faith exemplifies how qualities inherent to individuals’ inner selves are translated into legal constructs across different periods in history, and as such, it complements the analysis of personality rights.
A paper authored by Talya in which she explores these connections was published in 2025 in Pólemos: A Journal of Law, Literature and Culture.