An encyclopedist of the dark ages: Isidore of SevilleBrehaut, Ernest
History
An encyclopedist of the dark ages: Isidore of Seville
Brehaut, Ernest
Isidore, of Seville, Saint, -636; Thesis (Ph. D.)
There was a marked difference between the development of law and that
of the other subjects so far treated by Isidore in the _Etymologies_.
The latter were of Greek origin, and, with the exception of rhetoric,
they appeared as strangers in the Roman environment and never formed
an integral part of Roman culture. Instead, they suffered from
continuous decay, and by the time of the disintegration of the Roman
state they were reduced to such a condition that the “fall of Rome”
meant nothing to them. On the other hand, law was an indigenous
product of Roman society, upon which the Roman intellect had expended
its greatest and most successful efforts, and although it inevitably
shared in the general intellectual deterioration of the time, and
showed a marked decline after the period of the great jurists,
the beginning of its rapid decay is coincident in each section of
western Europe with the close of Roman rule. Thus “the fall of Rome”
played much the same part in the history of law as the transition
from a Greek to a Roman environment had done for the bulk of the
intellectual possession of the ancient civilization. After this event
law was on terms of equality with the other branches of knowledge,
and within two centuries, as judged by its presentation in the
_Etymologies_, it was reduced to as low an estate as they.
Isidore’s _De Legibus_ is divided into two distinct parts. The first
is of a general nature, and embraces such topics as law-givers, _jus
civile_, _jus gentium_, _jus naturale_, why laws are made, and what
character a law ought to have. The second part is more specific;
it treats of legal instruments, the law of property, crimes, and
punishments. The whole forms a scholastic conglomerate of elements
derived from every stage in the development of Roman law and exhibits
a point of view that is philological and Christian as much as legal.
Because of its importance in the history of law, this book of the
_Etymologies_ has been subjected to more detailed study than any
other, but in spite of this its sources have not been clearly
determined. In addition to the Scriptures and Isidore’s authorities
on word derivation, he is believed to have drawn on the _Breviarium
Alaricianum_, the Theodosian code, the text-books of Gaius and
Ulpian, and the _Sentences_ of Paulus. Although the Justinian code
was issued a century before the compilation of the _Etymologies_, it
seems improbable that Isidore made any use of it, or had even heard
of it.[292]
Public-domain text, read in full here on John Shaqi.
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