Our information is less broken as to an Italy where through the early
Middle Ages more general opportunities offered for elementary education,
and where the Roman law, with Justinian’s Codification as a base, made in
general the law of the land. There is no reason to suppose that it was not
taught. Contemporary allusions bear witness to the existence of a school
of law in Rome in the time of Cassiodorus and afterwards, which is
confirmed by a statement of the jurist Odofredus in the thirteenth
century. At Pavia there was a school of law in the time of Rothari, the
legislating Lombard king; this reached the zenith of its repute in the
eleventh century. Legal studies also flourished at Ravenna, and succumbed
before the rising star of the Bologna school at the beginning of the
twelfth century.[374] In these and doubtless many other cities[375]
students were instructed in legal practices and formulae, and some
substance of the Roman law was taught. Extant legal documents of various
kinds afford, especially for Italy, ample evidence of the continuous
application of the Roman law.[376]
As for the merits and deficiencies of legal instruction in Italy and in
France, an idea may be gained from the various manuals that were prepared
either for use in the schools of law or for the practitioner. Because of
the uncertainty, however, of their age and provenance, it is difficult to
connect them with a definite _foyer_ of instruction.
Until the opening of the twelfth century, or at all events until the last
quarter of the eleventh, the legal literature evinces scarcely any
originality or critical capacity. There are glosses, epitomes, and
collections of extracts, more or less condensed or confused from whatever
text the compiler had before him. Little jurisprudential intelligence
appears in any writings which are known to precede the close of the
eleventh century; none, for instance, in the epitomes of the _Breviarium_
and the glosses relating to that code; none in those works of Italian
origin the material for which was drawn directly or indirectly from the
_Codex_ or _Novels_ of Justinian, for instance the _Summa Perusina_ and
the _Lex Romana canonice compta_, both of which probably belong to the
ninth century. Such compilations were put together for practical use, or
perhaps as aids to teaching.
Thus, so far as inference may be drawn from the extant writings, the legal
teaching in any school during this long period hardly rose above an
uncritical and unenlightened explanation of Roman law somewhat
mediaevalized and deflected from its classic form and substance. There was
also practical instruction in current legal forms and customs. Interest in
the law had not risen above practical needs, nor was capacity shown for
anything above a mechanical handling of the matter. Legal study was on a
level with the other intellectual phenomena of the period.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account