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 question only one binding rule exists. Thus they approached these legal sources in a dialectical way, which is a characteristic of medieval scholasticism. They sometimes needed to invent new concepts not found in Roman law, such as half-proof (evidence short of full proof but of some force, such as a single witness). In other medieval disciplines, for example theology and philosophy, glosses were also made on the main authoritative texts.
In the Greek language, γλῶσσα (glossa) means "tongue" or "language." Originally, the word was used to denote an explanation of an unfamiliar word, but its scope gradually expanded to the more general sense of "commentary". The glossators used to write in the margins of the old texts (glosa marginalis) or between the lines (glosa interlinearis - interlinear glosses). Later these were gathered into large collections, first copied as separate books, but also quickly written in the margins of the legal texts. The medieval copyists at Bologna developed a typical script to enhance the legibility of both the main text and the glosses. The typically Bolognese script is called the Littera Bononiensis.
Accursius's Glossa ordinaria, the final standard redaction of these glosses, contains around 100,000 glosses. Accursius worked for decades on this task. There exists no critical edition of his glosses.
In the older historiography of the medieval learned law, the view developed that after the standard gloss had become fixed a generation of so-called commentators started to take over from the glossators. In fact, the early medieval legal scholars, too, wrote commentaries and lectures, but their main effort was indeed creating glosses.
Most of the older glosses are accessible only in medieval manuscripts: modern editions of only a few manuscripts exist. The main microfilm collections of glossed legal manuscripts are at the Max Planck Institute for European Legal History in Frankfurt am Main, at the universities of Munich, Würzburg, Milan, Leyden and Berkeley.
Gabor Hamza: Accursius és az európai jogtudomány kezdetei. /Accursius and the Beginnings of the European Jurisprudence/ Jogtudomanyi közlöny 54 /1999/ 171–175. p.
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.
The judiciary is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law in legal cases.
A gloss is a brief notation, especially a marginal one or an interlinear one, of the meaning of a word or wording in a text. It may be in the language of the text or in the reader's language if that is different.
The Digest, also known as the Pandects, was a compendium or digest of juristic writings on Roman law compiled by order of the Byzantine emperor Justinian I in 530–533 AD. It is divided into 50 books.
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.
Accursius 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".
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.
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.
The Decretum Gratiani, also known as the Concordia discordantium canonum or Concordantia discordantium canonum or simply as the Decretum, is a collection of canon law compiled and written in the 12th century as a legal textbook by the jurist known as Gratian. It forms the first part of the collection of six legal texts, which together became known as the Corpus Juris Canonici. It was used as the main source of law by canonists of the Roman Catholic Church until the Decretals, promulgated by Pope Gregory IX in 1234, obtained legal force, after which it was the cornerstone of the Corpus Juris Canonici, in force until 1917.
The parchment codex called Littera Florentina is the closest surviving version of the official Digest of Roman law promulgated by Justinian I in 530–533.
Bulgarus was a twelfth-century Bulgarian Origin jurist, born in Bologna.
The Corpus Juris Canonici is a collection of significant sources of the canon law of the Catholic Church that was applicable to the Latin Church. It was replaced by the 1917 Code of Canon Law which went into effect in 1918. The 1917 Code was later replaced by the 1983 Code of Canon Law, the codification of canon law currently in effect for the Latin Church. The Corpus juris canonici was used in canonical courts of the Catholic Church such as those in each diocese and in the courts of appeal at the Roman Curia such as the Roman Rota.
The Glossa Ordinaria, which is Latin for "Ordinary [i.e. in a standard form] Gloss", is a collection of biblical commentaries in the form of glosses. The glosses are drawn mostly from the Church Fathers, but the text was arranged by scholars during the twelfth century. The Gloss is called "ordinary" to distinguish it from other gloss commentaries. In origin, it is not a single coherent work, but a collection of independent commentaries which were revised over time. The Glossa ordinaria was a standard reference work into the Early Modern period, although it was supplemented by the Postills attributed to Hugh of St Cher and the commentaries of Nicholas of Lyra.
In Biblical studies, a gloss or glossa is an annotation written on margins or within the text of biblical manuscripts or printed editions of the scriptures. With regard to the Hebrew texts, the glosses chiefly contained explanations of purely verbal difficulties of the text; some of these glosses are of importance for the correct reading or understanding of the original Hebrew, while nearly all have contributed to its uniform transmission since the 11th century. Later on, Christian glosses also contained scriptural commentaries; St. Jerome extensively used glosses in the process of translation of the Latin Vulgate Bible.
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.
The Novellae Constitutiones, or Justinian's Novels, are now considered one of the four major units of Roman law initiated by Roman emperor Justinian I in the course of his long reign. The other three pieces are: the Codex Justinianus, the Digest, and the Institutes. Justinian's quaestor Tribonian was primarily responsible for compiling these last three. Together, the four parts are known as the Corpus Juris Civilis. Whereas the Code, Digest, and Institutes were designed by Justinian as coherent works, the Novels are diverse laws enacted after 534 that never were officially compiled during his reign.
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.
The Institutes is a beginners' textbook on Roman private law written around 161 CE by the classical Roman jurist Gaius. The Institutes are considered to be "by far the most influential elementary-systematic presentation of Roman private law in late antiquity, the Middle Ages and modern times". The content of the textbook was considered to be lost until 1816, when a manuscript of it − probably of the 5th century − was discovered.
The Institutes is a component of the Corpus Juris Civilis, the 6th-century codification of Roman law ordered by the Byzantine emperor Justinian I. It is largely based upon the Institutes of Gaius, a Roman jurist of the second century A.D. The other parts of the Corpus Juris Civilis are the Digest, the Codex Justinianus, and the Novellae Constitutiones.
The Code of Justinian is one part of the Corpus Juris Civilis, the codification of Roman law ordered early in the 6th century AD by Justinian I, who was Eastern Roman emperor in Constantinople. Two other units, the Digest and the Institutes, were created during his reign. The fourth part, the Novellae Constitutiones, was compiled unofficially after his death but is now also thought of as part of the Corpus Juris Civilis.
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