The History of Education: Educational Practice and Progress Considered as a Phase of the Development and Spread of Western CivilizationCubberley, Ellwood Patterson
History
The History of Education: Educational Practice and Progress Considered as a Phase of the Development and Spread of Western Civilization
Cubberley, Ellwood Patterson
Education -- History
This gave clearness to the whole, as before its discovery the study of
Roman law was like the study of Aristotle when only parts of the _Organon_
were known. Irnerius and his co-laborers at Bologna now collected and
arranged the entire body of Roman civil law (_Corpus Juris Civilis_) (R.
93), introduced the _Digest_ to western Europe, and thus made a new
contribution of first importance to the list of possible higher studies.
Law now ceased to be a part of Rhetoric (p. 157) and became a new subject
of study, with a body of material large enough to occupy a student for
several years. This was an event of great intellectual significance. A new
study was now evolved which offered great possibilities for intellectual
activity and the exercise of the critical faculty, while at the same time
showing veneration for authority. Law was thus placed alongside Theology
as a professional subject, and the evolution of the professional lawyer
from the priest was now for the first time made possible.
CANON LAW ALSO ORGANIZED AS A SUBJECT OF STUDY. Inspired by the revival of
the study of civil law, a monk of Bologna, Gratian by name, set himself to
make a compilation of all the Church canons which had been enacted since
the Council of Nicaea (325) formulated the first twenty (p. 96), and of
the rules for church government as laid down by the church authorities.
This he issued in textbook form, about 1142, under the title of _Decretum
Gratiani_. So successful were his efforts that his compilation was "one of
those great textbooks that take the world by storm." It did for canon
(church) law what the rediscovery of the Justinian _Code_ had done for
civil law; that is, it organized canon law as a new and important teaching
subject.
The _Decretum_ of Gratian was published in three parts, and was organized
after the same plan as Abelard's _Sic et Non_, except that Gratian drew
conclusions from the mass of evidence he presented on each topic. It
contained 147 "Distinctions" (questions; cases of church policy), upon
each of which were cited the church canons and the views and decisions of
important church authorities. [18] This volume was added to by popes later
on, [19] so that by the fifteenth century a large body of canon law had
grown up, which was known as the _Corpus Juris Canonici_. Canon Law was
thus separated from Theology and added to Civil Law as another new subject
of study for both theological and legal students, and the two subjects of
Canon and Civil Law came to constitute the work of the law faculties in
the universities which soon arose in western Europe.
[Illustration: FIG. 56. THE FATHER OF MEDICINE HIPPOCRATES OF COS (460-
367? B.C.)]
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