Glossator in the context of "Nomos empsychos"

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⭐ Core Definition: 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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👉 Glossator in the context of Nomos empsychos

Lex animata is a 12th century Latin translation of the Greco-Roman concept νόμος ἔμψυχος, nómos émpsychos, which equates to the "living law".

Originating in Hellenistic philosophy and repurposed by Themistius in the 4th century, the identification of the Roman sovereign as nomos empsychos was established in law by the emperor Justinian I in his Novellae Constitutiones, and introduced into European civil law through the discovery of The Authenticum by the medieval glossators in Bologna.

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Glossator 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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