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Glossator
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 ques ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Glossa Ordinaria (Accursius)
The (also known as , and ) is a collection of 96,940 marginal annotations () in Latin by the Italian jurist Accursius () on the , a collection of Roman law by the Byzantine emperor Justinian I, Justinian I (). Modern scholarship contends that the maintained its authoritative status as leading commentary on the in Europe up to the 17th century, which is signified by the adage "" ('Whatever the Gloss does not recognize, the court does not recognize'). Name The name refers to fact that the gloss by Accursius was the "ordinary" or "standard" gloss on the . Author, development and usage Author Accursius () was an Italian jurist born near Florence who studied at the University of Bologna under Azo of Bologna, Azo and Jacobus Balduinus. Some time before 1220, he started teaching law at this university. He was highly regarded for his teaching and became rich – his large palace in Bologna is now part of the Palazzo d'Accursio. Some scholars contend that he parti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Medieval Roman Law
Medieval Roman law is the continuation and development of ancient Roman law that developed in the European Late Middle Ages. Based on the ancient text of Roman law, '' Corpus iuris civilis'', it added many new concepts, and formed the basis of the later civil law systems that prevail in the vast majority of countries. Rediscovery of ancient Roman law Although some legal systems in western Europe in the Early Middle Ages, such as the Visigothic Code, retained some features of ancient Roman law, the main texts of Roman law were little known, except in the Byzantine Empire, where its Roman legal system, based on Justinian's Code, prevailed and was occasionally updated. That changed when the '' Digest'' was rediscovered in late 11th century Italy. It was soon apparent that the ''Digest'' was a massive intellectual achievement and that the assimilation of its contents would require much time and study. The first western European university, the University of Bologna, was set up in la ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bologna
Bologna ( , , ; ; ) is the capital and largest city of the Emilia-Romagna region in northern Italy. It is the List of cities in Italy, seventh most populous city in Italy, with about 400,000 inhabitants and 150 different nationalities. Its Metropolitan City of Bologna, metropolitan province is home to more than 1 million people. Bologna is most famous for being the home to the List of oldest universities in continuous operation, oldest university in continuous operation,Top Universities ''World University Rankings'' Retrieved 6 January 2010Hunt Janin: "The university in medieval life, 1179–1499", McFarland, 2008, , p. 55f.de Ridder-Symoens, Hilde [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 was a teacher of Franciscus Accursius. 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. Biography Azo studied civil law in hi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Accursius
Accursius (Italian: ''Accursio'' or ''Accorso di Bagnolo''; c. 11821263) was an Italian jurist. He is notable for his organization of the glosses, the medieval comments on Justinian's codification of Roman law, the ''Corpus Juris Civilis''. He was not proficient in the classics, but he was called "the Idol of the Jurisconsults". Biography Accursius was born at Impruneta, near Florence. A pupil of Azo, he first practised law in his native city, and was afterwards appointed professor at Bologna, where he had great success as a teacher. He undertook to arrange into one body the tens of thousands of comments and remarks upon the ''Code'', the ''Institutes'' and '' Digests''. Accursius assembled from the various earlier glosses for each of these texts a coherent and consistent body of glosses. This compilation, soon given the title ''Glossa ordinaria'' or ''magistralis'', and usually known as the ''Great Gloss'', was essentially complete at about 1230. While Accursius was employed ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Franciscus Accursius
Franciscus Accursius () (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 Dante Alighieri (; most likely baptized Durante di Alighiero degli Alighieri; – September 14, 1321), widely known mononymously as Dante, was an Italian Italian poetry, poet, writer, and philosopher. His ''Divine Comedy'', originally called ... (a contemporary) places Franciscus Accursius in Hell among the sodomites ('' Inferno'' XV, 110). The tomb of his father ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 Nationa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Joannes Bassianus
Joannes Bassianus was an Italian jurist of the 12th century. Life Little is known of his origin, but he is said by his jurist contemporary to have been a native of Cremona. He was a professor in the law school of Bologna, the pupil of Bulgarus, and the master of Azo. The most important of his writings which have been preserved in his ''Summary on the Authentica'', which Savigny regarded as one of the most precious works of the glossators. Joannes, as he is generally termed, was remarkable for his talent in inventing ingenious forms for explaining his ideas with greater precision, and perhaps his most celebrated work is his "Law-Tree," which he entitled ''Arbor Actionum'', and which has been the subject of numerous commentaries. The work presents a tree, upon the branches of which the various kinds of actions are arranged after the manner of fruit. The civil actions, or , being forty-eight in number, are arranged on one side, while the equitable or actions, in number one hundred ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 () 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 List of oldest universities in continuous opera ..., in 1160. References * External linksWorks of Placentinus at ParalipomenaIuris 1192 deaths Year of birth unknown 12th-century Italian jurists {{Italy-law-bio-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Corpus Iuris Civilis
The ''Corpus Juris'' (or ''Iuris'') ''Civilis'' ("Body of Civil Law") is the modern name for a collection of fundamental works in jurisprudence, enacted from 529 to 534 by order of Byzantine Emperor Justinian I. It is also sometimes referred to metonymically after one of its parts, the Code of Justinian. The work as planned had three parts: the ''Code'' (''Codex'') is a compilation, by selection and extraction, of imperial enactments to date; the '' Digest'' or ''Pandects'' (the Latin title contains both ''Digesta'' and ''Pandectae'') is an encyclopedia composed of mostly brief extracts from the writings of Roman jurists; and the ''Institutes'' (''Institutiones'') is a student textbook, mainly introducing the ''Code'', although it has important conceptual elements that are less developed in the ''Code'' or the ''Digest''. All three parts, even the textbook, were given force of law. They were intended to be, together, the sole source of law; reference to any other source, inclu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 fa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
