Corpus Iuris Civilis in the context of "Legal humanists"

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⭐ Core Definition: 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, including the original texts from which the Code and the Digest had been taken, was forbidden. Nonetheless, Justinian found himself having to enact further laws; today these are counted as a fourth part of the Corpus, the Novellae Constitutiones (Novels, literally New Laws).

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👉 Corpus Iuris Civilis in the context of Legal humanists

The legal humanists were a group of scholars of Roman law, which arose in Italy during the Renaissance with the works of Lorenzo Valla and Andrea Alciato as a reaction against the Commentators. In the 16th century, the movement reached France (Bourges, where Alciato taught), where it became very influential. They had a general disdain for the Middle Ages and felt nothing good could come from then. They also had a great love of antiquarianism and were greatly concerned with the authority and accuracy of the Corpus Iuris Civilis. Thus, they described the work of the glossators and commentators as a malignant cancer on the text. They particularly disliked the commentators because in their attempt to apply law in practice, they had moved further and further away from the texts.

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Corpus Iuris Civilis in the context of Glossa ordinaria (Accursius)

The Glossa ordinaria (also known as Glossa magna, Glossa magistralis and Glossa accursiana) is a collection of 96,940 marginal annotations (glossa marginalis) in Latin by the Italian jurist Accursius (c. 1181/1185–1259/1263) on the Corpus Iuris Civilis, a collection of Roman law by the Byzantine emperor Justinian I (r. 527–565). The name Glossa ordinaria refers to fact that the gloss by Accursius was the "ordinary" or "standard" gloss on the Corpus Iuris Civilis.

Modern scholarship contends that the Glossa ordinaria maintained its authoritative status as leading commentary on the Corpus Iuris Civilis in Europe up to the 17th century, which is signified by the adage "Quidquid non agnoscit Glossa, non agnoscit curia" (lit.'Whatever the Gloss does not recognize, the court does not recognize').

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Corpus Iuris Civilis in the context of 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 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.

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