School Of Glossators
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School Of Glossators
The scholars of the 11th- and 12th-century legal schools in Italy, France and Germany are identified as glossators in a specific sense. They studied Roman law based on the '' Digesta'', the ''Codex'' of Justinian, the ''Authenticum'' (an abridged Latin translation of selected constitutions of Justinian, promulgated in Greek after the enactment of the ''Codex'' and therefore called ''Novellae''), and his law manual, the '' Institutiones Iustiniani'', compiled together in the ''Corpus Iuris Civilis''. (This title is itself only a sixteenth-century printers' invention.) Their work transformed the inherited ancient texts into a living tradition of medieval Roman law. The glossators conducted detailed text studies that resulted in collections of explanations. For their work they used a method of study unknown to the Romans themselves, insisting that contradictions in the legal material were only apparent. They tried to harmonize the sources in the conviction that for every legal questio ...
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Italy
Italy ( it, Italia ), officially the Italian Republic, ) or the Republic of Italy, is a country in Southern Europe. It is located in the middle of the Mediterranean Sea, and its territory largely coincides with the homonymous geographical region. Italy is also considered part of Western Europe, and shares land borders with France, Switzerland, Austria, Slovenia and the enclaved microstates of Vatican City and San Marino. It has a territorial exclave in Switzerland, Campione. Italy covers an area of , with a population of over 60 million. It is the third-most populous member state of the European Union, the sixth-most populous country in Europe, and the tenth-largest country in the continent by land area. Italy's capital and largest city is Rome. Italy was the native place of many civilizations such as the Italic peoples and the Etruscans, while due to its central geographic location in Southern Europe and the Mediterranean, the country has also historically been home ...
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Bologna
Bologna (, , ; egl, label= Emilian, Bulåggna ; lat, Bononia) is the capital and largest city of the Emilia-Romagna region in Northern Italy. It is the seventh most populous city in Italy with about 400,000 inhabitants and 150 different nationalities. Its metropolitan area is home to more than 1,000,000 people. It is known as the Fat City for its rich cuisine, and the Red City for its Spanish-style red tiled rooftops and, more recently, its leftist politics. It is also called the Learned City because it is home to the oldest university in the world. Originally Etruscan, the city has been an important urban center for centuries, first under the Etruscans (who called it ''Felsina''), then under the Celts as ''Bona'', later under the Romans (''Bonōnia''), then again in the Middle Ages, as a free municipality and later ''signoria'', when it was among the largest European cities by population. Famous for its towers, churches and lengthy porticoes, Bologna has a well-preserved ...
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Franciscus Accursius
Franciscus Accursius ( it, Francesco d'Accorso) (1225–1293) was an Italian lawyer, the son of the celebrated jurist and glossator Accursius. The two are often confused. Born in Bologna, Franciscus was more distinguished for his tact than for his wisdom. Edward I of England, returning from Palestine, brought him with him to England. The king invited him to Oxford, and he lived in the former Beaumont Palace, (in today's Beaumont Street), in Oxford. In 1275 or 1276 he read lectures on law in the university. He acted as King's Secretary in the late 1270s until returning to Bologna in 1282, practicing law there until his death. Dante (a contemporary) places Franciscus Accursius in Hell among the sodomites (''Inferno Inferno may refer to: * Hell, an afterlife place of suffering * Conflagration, a large uncontrolled fire Film * ''L'Inferno'', a 1911 Italian film * Inferno (1953 film), ''Inferno'' (1953 film), a film noir by Roy Ward Baker * Inferno (1973 fi ...'' XV, 110). The ...
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Azo Of Bologna
Azo of Bologna or Azzo or Azolenus ( 1150–1230) was an influential Italian jurist and a member of the school of the so-called glossators. Born circa 1150 in Bologna, Azo studied under Joannes Bassianus and became professor of civil law at Bologna. He is sometimes known as Azo Soldanus, from his father's surname, and also Azzo Porcius (dei Porci), to distinguish him from later famous Italians named Azzo. He died circa 1230. Azo wrote glosses on all parts of the ''Corpus Iuris Civilis''. His most influential work is his ''Summa Codicis'', a commentary of the civil law organized according to the order of Justinian's Code. The ''Summa Codicis'', and , collected by his pupil, Alessandro de Santo Aegidio, and amended by Hugolinus and Odofredus, formed a methodical exposition of Roman law. As one of the very few medieval legal texts in Latin, the ''Summa Codicis'' has been translated into Old French. Azo's works enjoyed great authority among generations of continental lawyers, such tha ...
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Placentinus
Placentinus (died 1192) was an Italian jurist and glossator. Originally from Piacenza, he taught at the University of Bologna. From there he founded the law school of the University of Montpellier The University of Montpellier (french: Université de Montpellier) is a public university, public research university located in Montpellier, in south-east of France. Established in 1220, the University of Montpellier is one of the oldest univ ..., in 1160. References * External linksWorks of Placentinus at ParalipomenaIuris 1192 deaths Year of birth unknown 12th-century Italian jurists {{Italy-law-bio-stub ...
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Hugo De Porta Ravennate
Hugo de Porta Ravennate was an Italian jurist, and member of the Glossators of Bologna. He came from a noble family who had residence in the city of Bologna, but whose family name meant "the gate of Ravenna". Study and teaching at the University of Bologna, Hugo was one of the "four doctors", a group of disciples of Irnerius who were formative in the development of European law. Their authority was such that the four lawyers were called by Frederick Barbarossa as directors imperial in the diet of Roncaglia in 1158. This royal patronage allowed them to secure privileges for the newly developing institution of the university, at Bologna. It is not known when he died but it was after 1166 AD, when a document is attested to him, but no later than 1171 AD, when a document mentions his widow. He wrote the glosses to the recovered Roman law, the ''distinctiones'' and ''Summula de pugna''.Albrecht Classen,Handbook of Medieval Culture, Volume 3 (Walter de Gruyter GmbH & Co KG, 201 pag ...
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Jacobus De Boragine
Jacobus de Boragine was one of the Glossators, and Four Doctors of Bologna. Also known as Jacobus, he was born in the early 12th century and was an Italian lawyer, one of four students of Irnerius called the ''Quattuor Doctores'', although Savigny disputes the general tradition of his inclusion in this list. The other doctors were Bulgarus, Martinus and Hugo. The legal philosophy of Bulgarus adhered closely to the letter of the law while their fellow, Martinus, took a more natural law and Equity approach. His time at Bologna was therefore one of the formative times in legal theory. He was an author of many parts of the Gloss of the ''Corpus juris civilis The ''Corpus Juris'' (or ''Iuris'') ''Civilis'' ("Body of Civil Law") is the modern name for a collection of fundamental works in jurisprudence, issued from 529 to 534 by order of Justinian I, Byzantine Emperor. It is also sometimes referred ...''. *The legal commentary ''De Regulis Juris'', which Savigny called "a ...
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Martinus Gosia
Martinus Gosia was one of the glossators and a 12th-century Italian jurist, counted among the Four Doctors of Bologna, the others being Bulgarus, Hugo de Porta Ravennate and Jacobus de Boragine. Martinus Gosia and Bulgarus were the chiefs of two opposite schools at the University of Bologna, corresponding in many respects to the Proculians and Sabinians of the Roman Empire. Martinus was at the head of a school which accommodated the law to what his opponents styled the equity of the purse (''aequitas bursalis''), whilst Bulgarus adhered more closely to the letter of the law. The school of Bulgarus ultimately prevailed. While the teaching of Bulgarus, became dominant in Bologna, among the ''nostri doctores'', the followers of Martinus, taught in southern France where they became known as the commentators. File:Martinus Gosia – Distinctio de interesse, 12th-century – BEIC 7375381.jpg, ''Distinctio de interesse'', 12th-century manuscript. Wien, Österreichische Nationalbiblio ...
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Bulgarus
Bulgarus was a twelfth-century Italian jurist, born in Bologna. He has been confused with Bulgarinus, a 15th-century jurist. He was the most celebrated of the famous Four Doctors of the law school of the University of Bologna and was regarded as the Chrysostom of the Glossators, being frequently designated by the title of the "Golden Mouth" (''os aureum''). He died in 1166 at a very advanced age. According to popular tradition, all four of the famous Four Doctors (Bulgarus, Martinus Gosia, Hugo de Porta Ravennate and Jacobus de Boragine) were pupils of Irnerius; however, while there is currently no insuperable difficulty in substantiating this claim with regard to Bulgarus, Friedrich Carl von Savigny considered the evidence to be insufficient to support this claim. Martinus Gosia and Bulgarus were the chiefs of two opposite schools at Bologna, corresponding in many respects to the Proculians and Sabinians of Imperial Rome, Martinus being at the head of a school that accommodated ...
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Four Doctors Of Bologna
The Four Doctors of Bologna (Latin: ''Quatuor Doctores'') were Italian jurists and glossators of the 12th century, based in the University of Bologna: Bulgarus, Martinus Gosia, Jacobus de Boragine and Hugo de Porta Ravennate. Their teachings in the law school of Bologna were based on glosses and commentaries on the rediscovered ''Corpus juris civilis'' of Justinian. Martinus may have studied with the founder of legal scholarship in Bologna, Irnerius.Peter Landau, "The development of law" in ''The New Cambridge Medieval History'' :124f. The revived importance of Roman law, in the form of medieval Roman law, embodied by the ''Quattuor Doctores'' made its first impact in the political arena in 1158, when they gave their support to Frederick Barbarossa's Diet of Roncaglia in his conflict with the Italian communes over imperial rights in Lombardy. Of the four the strongest contrast in interpretations of the revived Roman law were Bulgarus and Martinus. Bulgarus took the law at face v ...
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Irnerius
Irnerius (– after 1125), sometimes referred to as ''lucerna juris'' ("lantern of the law"), was an Italian jurist, and founder of the School of Glossators and thus of the tradition of Medieval Roman Law. He taught the newly recovered Roman lawcode of Justinian I, the ''Corpus Juris Civilis'', among the liberal arts at the University of Bologna, his native city. The recovery and revival of Roman law, taught first at Bologna in the 1070s, was a momentous event in European cultural history. Irnerius' interlinear glosses on the ''Corpus Juris Civilis'' stand at the beginnings of a European law that was written, systematic, comprehensive and rational, and based on Roman law. Life He was born in Bologna about 1050. At the urging of Countess Matilda of Tuscany he began to devote himself to the study of jurisprudence, taking the Justinian code as a guide. After teaching jurisprudence for a short while in Rome he returned to Bologna, where he founded a new school of jurisprudence i ...
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Commentator (historical)
The postglossators or commentators formed a European legal school which arose in Italy and France in the fourteenth century. They form the highest point of development of medieval Roman law. The school of the ''glossators'' in Bologna lost its vitality, resulting in the rise of a new school of legal thought in the 14th century, centred on Orléans in France. Bartolus and Baldus were the most famous of the commentators. Rather than simply seeking to explain the law, the commentators were more concerned with the potential for practical application of the law. Politically at this time, the idea of the Spirit of One – one church and one empire, was popular in Europe. Roman law thus appealed as bringing the potential for one law in addition. Roman law was written and certain as well as being generally consistent and complete. The educated liked its roots and saw the potential for application. The commentators faced head on the conflict of law with custom as they saw the potential fo ...
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