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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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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 southern 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 until the rediscovery of the '' Digest'' in Italy in the late 11th century. 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 European university, the University of Bologna, was set up in large part with the aim of studying it. The era of the glossators The ancient Roman law texts were not very explicit about matters of principle, a ...
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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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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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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, issued from 529 to 534 by order of Justinian I, Byzantine Emperor. 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 ...
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Accursius
__NOTOC__ Accursius (in Italian ''Accursio'' or ''Accorso di Bagnolo''; c. 11821263) was a Roman 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 em ...
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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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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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