Bulgarus

Last updated

Bulgarus was a twelfth-century Bulgarian Origin[ citation needed ] jurist, born in Bologna.

Contents

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. [1] [ vague ]

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 the law in a manner that his opponents referred to as the "equity of the purse" (aequitas bursalis), whilst Bulgarus adhered more closely to the letter of the law. Bulgarus' school ultimately prevailed. Joannes Bassianus, Azo and Accursius all numbered amongst its notable adherents, each of whom, in turn, went on to exercise a commanding influence over the course of legal studies in Bologna. [1]

Decretals with Glossa ordinaria Decretals glossa.jpg
Decretals with Glossa ordinaria

At the Diet of Roncaglia in 1158, Bulgarus assumed the leading role amongst the Four Doctors, and was one of the most trusted advisors to the emperor Frederick I. His most celebrated work is a notable commentary, De Regulis Juris, which was at one time printed amongst the writings of Placentinus. However, this commentary has since been properly credited to its true author, Cujacius, based on internal evidence contained in the additions annexed to it, which were undoubtedly penned by Placentinus himself. This commentary is the earliest extant work of its kind emanating from the school of the Glossators. According to Savigny, it is a model specimen of the excellence of the method introduced by Irnerius, and a striking example of the brilliant results obtained in a short period of time by virtue of a constant, exclusive study of the sources of law. [1]

See also

Related Research Articles

<i>Corpus Juris Civilis</i> Collection of legal works codified by Justinian I of Byzantium

The Corpus JurisCivilis is the modern name for a collection of fundamental works in jurisprudence, issued 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.

<span class="mw-page-title-main">Hippolytus of Rome</span> Christian theologian and saint (c. 170 – c. 235)

Hippolytus of Rome was one of the most important second-third century Christian theologians, whose provenance, identity and corpus remain elusive to scholars and historians. Suggested communities include Rome, Palestine, Egypt, Anatolia and other regions of the Middle East. The best historians of literature in the ancient church, including Eusebius of Caesarea and Jerome, openly confess they cannot name where Hippolytus the biblical commentator and theologian served in leadership. They had read his works but did not possess evidence of his community. Photios I of Constantinople describes him in his Bibliotheca as a disciple of Irenaeus, who was said to be a disciple of Polycarp, and from the context of this passage it is supposed that he suggested that Hippolytus so styled himself. This assertion is doubtful. One older theory asserts he came into conflict with the popes of his time and seems to have headed a schismatic group as a rival to the bishop of Rome, thus becoming an antipope. In this view, he opposed the Roman Popes who softened the penitential system to accommodate the large number of new pagan converts. However, he was reconciled to the Church before he died as a martyr.

<span class="mw-page-title-main">Baldus de Ubaldis</span> Italian jurist

Baldus de Ubaldis was an Italian jurist, and a leading figure in Medieval Roman Law and the school of Postglossators.

<span class="mw-page-title-main">Friedrich Carl von Savigny</span> German jurist and historian (1779–1861)

Friedrich Carl von Savigny was a German jurist and historian.

<span class="mw-page-title-main">University of Bologna</span> Public university in Bologna, Italy

The University of Bologna is a public research university in Bologna, Italy. Founded in 1088 by an organised guild of students (studiorum), it is the oldest university in continuous operation in the world, and the first degree-awarding institution of higher learning. At its foundation, the word universitas was first coined. With over 90,000 students, it is also one of the largest universities in Europe.

<span class="mw-page-title-main">Bartolus de Saxoferrato</span> Italian law professor

Bartolus de Saxoferrato was an Italian law professor and one of the most prominent continental jurists of Medieval Roman Law. He belonged to the school known as the commentators or postglossators. The admiration of later generations of civil lawyers is shown by the adage nemo bonus íurista nisi bartolista — no one is a good jurist unless he is a Bartolist.

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, and his law manual, the Institutiones Iustiniani, compiled together in the Corpus Iuris Civilis. Their work transformed the inherited ancient texts into a living tradition of medieval Roman law.

<span class="mw-page-title-main">Irnerius</span> Italian jurist

Irnerius, sometimes referred to as lucerna juris, was an Italian jurist, and founder of the School of Glossators and thus of the tradition of Medieval Roman Law.

<span class="mw-page-title-main">Azo of Bologna</span> Italian jurist (fl. 1150–1230)

Azo of Bologna or Azzo or Azolenus 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, to distinguish him from later famous Italians named Azzo. He died circa 1230.

<span class="mw-page-title-main">Martinus Gosia</span>

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.

Joannes Bassianus was an Italian jurist of the 12th century.

Brachylogus, is a title applied in the middle of the 16th century to a work containing a systematic exposition of the Roman law. Some writers have assigned to the reign of the emperor Justinian I, and others have treated as an apocryphal work of the 16th century.

Dominium mundi is an idea of universal dominion developed in the Middle Ages. Inspired by the memory of the Roman Empire, dominium mundi implied the recognition of one supreme authority, which generated a prolonged political and spiritual struggle between imperial and ecclesiastical power. This struggle can be said to have begun with the Investiture Controversy, and was mainly embodied by the Holy Roman Empire and Catholic Church, which elevated the emperor and Pope, respectively, to the status of supreme ruler. The idea of universal dominion divided Italy into the warring faction of Guelphs and Ghibellines. Guelphs supported the Church, while the Ghibellines supported the Empire. After two hundred years of division during the 12th and 13th centuries, neither one of the powers had prevailed, due to their mutual dependency and the rise of the powerful and practically independent reigns of Church and the State. The idea of dominium mundi did not reappear in its original form, despite the fact that both universal powers subsisted.

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.

<span class="mw-page-title-main">Four Doctors of Bologna</span>

The Four Doctors of Bologna 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.

<span class="mw-page-title-main">Bologna</span> Largest city in Emilia-Romagna, Italy

Bologna is a city in and the capital of the Emilia-Romagna region in Northern Italy, of which it is also its largest. 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 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.

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.

<span class="mw-page-title-main">Jacobus de Boragine</span>

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.

<span class="mw-page-title-main">Hugo de Porta Ravennate</span>

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".

References

  1. 1 2 3 Wikisource-logo.svg One or more of the preceding sentences incorporates text from a publication now in the public domain :  Chisholm, Hugh, ed. (1911). "Bulgarus". Encyclopædia Britannica . Vol. 4 (11th ed.). Cambridge University Press. pp. 786–787.