Jus commune

[3] While Justinian's collection remained unchanged throughout the medieval epoch, the canon law continued to be expanded and revised by various popes, reaching its final form, the Corpus Juris Canonici, in the 16th century.

This was the case up until the codification movement in the late 18th and 19th centuries, which explicitly removed the direct applicability of Roman and canon law in most countries, although there continued to be argument about whether the ius commune was banished completely or survived where the national codes were silent.

The latter view prevailed, so it can still be said that there is, in theory at least, a common basis in substantive law throughout Western Europe (except England, which never had a reception as such) although it has of course fragmented greatly from its heyday in the 15th and 16th centuries.

More important, however, is the civilian tradition of ways of thinking that the ius commune encouraged and the procedures it used, which have been more persistent than the actual substance.

Scotland had a reception of Roman law and partial codification through the works of the Institutional Writers, such as Viscount Stair and Baron Hume, among others.