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Legal history: western Europe: Legal scholarship

Influential thinkers & teachers

In middle ages, the teaching of leading scholars contributed to the ius commune of received opinion and understanding.

Included among the earliest names are those in the established Italian centres of learning: Irnerius. the Quattuor doctores (Bulgarus, Martinus Gosia, Hugo de Porta Ravennate, Iacobus de Porta Ravennate),Accursius, Bartolus of Sassoferrato, Baldus de Ubaldis

The Oxford Dictionary of the Middle Ages currently in the Upper Gladstone Link, should become available online soon to holders of OSS.
The various entries in OIELH will help to start you off with bibliographies.

European universities: general introduction

Legal scholarship & university teaching

Predominately concerned with Roman (civil) law (based on the Corpus iuris civilis) & canon (church) law

A shared curriculum and a common language for instruction (Latin), encouraged not just student but also academic mobility (peregrinatio academica). The pan-European academic community was another factor behind the first "ius commune."

mos italicus/scholasticism - terms used to describe the first tradition of (legal) scholarship in medieval universities.
The work concentrated on the elaboration of the Roman texts.

The first wave are often referred to as Glossators (because their thoughts have been preserved on the margins or between the lines of the source texts). This stage of scholarship reached a peak in the Glossa ordinaria compiled by Accursius. Postglossators is sometimes used scholars working after Accursius.

The Commentators - such as Bartolus of Saxoferrato (1313-1357) and Baldus degli Ubaldi (c1327-1400) - moved towards a slightly freer interpretation of the text, and towards application in contemporary situations.

Volumes in series called Corpus glossatorum juris civilis are at Roman 555 C822



Subject searches to try in SOLO:
Law -- Study and teaching -- Europe -- History
Universities and colleges -- Europe -- History
Learning and scholarship -- History -- Medieval, 500-1500
Books and reading -- Europe -- History
 

Useful material online

Jurists & their work [largely fl. pre 1500]

"Kenneth Pennington’s Medieval and Early Modern Jurists: A Bio-Bibliographical Listing has long been known as a useful guide to literature about medieval jurists and their works and manuscripts containing those works. Its particular focus was on jurists and writings in the field of canon law. First put online as a website in 1993, it is difficult to use, and its home on Pennington’s website at the Catholic University of America is in doubt because of Pennington’s pending retirement. With this in mind, the Ames Foundation offered to take the website, convert it into a more modern database, and present the results on its website. The process proved more difficult and time-consuming than we expected ..."