Ius Commune Podcast

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

In this episode, Emilia sits down with Professor Gialdroni to discuss medieval commercial law and the lex mercatoria. They also discuss Professor Gialdroni's latest project on the topic, including her innovative use of language.

A deep dive into the study of papyrological legal history--a field both old and new. Enjoy!

Professors Caroline Humfress and Patrick Olivelle join the podcast to discuss their new project, "The Cambridge Comparative History of Ancient Law."

A discussion with Professor Ando about non-Justinianic legal sources in ancient Rome.

In this episode, we explore the project “The Making of Local Legal Cultures under Rome,” featuring an interview with Professor's Yair Furstenberg, from the Hebrew university in Jerusalem. The project examines how communities in the Greek East negotiated their legal identities amid Roman imperial authority, revealing that law was not a vacuum but a contested space where local customs and Roman practice interested. By integrating early rabbinic literature as a key source, the project sheds light on Jewish jurisprudence and its role in provincial law-making. Through a multi-dimensional analysis of various legal traditions, including legal papyrology and Roman law, the project aims to uncover how these local legal cultures expressed agency and self-determination, ultimately contributing to a richer understanding of cultural and political distinctions under Roman rule. Join us for an enlightening discussion on the complexities of law, identity, and power in antiquity.

In this episode, I interview Prof. McSweeney about his book, Priests of the Law.

Part of a two-part series on French legal history.

We talk about the classical basis for the administrative state generally and the U.S. administrative state specifically.The Many and the Few: On the American Lex Regia by Vermeule:https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4321671Marbury and the Administrative State by Monaghan: https://scholarship.law.columbia.edu/cgi/viewcontent.cgi?article=1154&context=faculty_scholarshipJudicial Deference to Administrative Interpretations of Law by Scalia:https://scholarship.law.duke.edu/dlj/vol38/iss3/1/

The Formation of the Common Law with Professor John G.H. Hudson of St. Andrew's, Scotland

Professor Sellers and I dive into the Roman republican system with some comparisons to the American Republic and other modern legal systems. This is the first in a two-part series on Roman constitutionalism.

We discuss the specifics of Roman contract law. We also discuss how the Roman Jurists influenced Roman contract law.

An overview of the reemergence of Roman law in Europe, medieval law, canon law, Gratian, and much more...

An overview of the Republican system of litigation. Bruce Frier's "The Rise of the Roman Jurists": https://press.princeton.edu/books/hardcover/9780691639567/the-rise-of-the-roman-juristsThomas & McGinn's "Ancient Law, Ancient Society": https://www.amazon.com/Ancient-Law-Society-Dennis-Kehoe/dp/0472130439Ernest Metzger's "Litigation in Roman Law": https://global.oup.com/academic/product/litigation-in-roman-law-9780198298557?cc=us&lang=en&Andrew Lintott's "The Constitution of the Roman Republic": https://www.amazon.com/Constitution-Roman-Republic-Andrew-Lintott/dp/0199261083Andrew Lintott's "Imperium Romanum": https://www.amazon.com/Imperium-Romanum-Administration-Andrew-Lintott/dp/0415093759T. Corey Brennan's "The Praetorship in the Roman Republic": https://www.amazon.com/Praetorship-Roman-Republic-Origins-122/dp/0195114590