Education, Medieval; Universities and colleges -- History
In law the basis of all instruction was inevitably the _Corpus Juris
Civilis_ of Justinian, for the customary law of mediaeval Europe was
never a subject of university study. The central book was the _Digest_,
summarizing the ripest fruits of Roman legal science, and it was
their mastery of the _Digest_ that gives preëminence to the mediaeval
civilians. They brought the resources of the whole _Corpus_ to bear
on each passage in an elaborate gloss, and they showed refinement
and subtlety of legal thought analogous to that of the scholastic
philosophers. After all, “law is a form of scholasticism.” But whereas
the scholastic method in philosophy has lost hold on much of the modern
world, the work of the glossators still survives. “In many respects,”
says Rashdall,[5] “the work of the School of Bologna represents the
most brilliant achievement of the intellect of mediaeval Europe. The
mediaeval mind had, indeed, a certain natural affinity for the study
and development of an already existing body of Law. The limitations
of its knowledge of the past and of the material Universe were not,
to any appreciable extent, a bar to the mastery of a Science which
concerns itself simply with the business and the relations of every-day
life. The Jurist received his Justinian on authority as the Theologian
received the Canonical and Patristic writings, or the Philosopher his
Aristotle, while he had the advantage of receiving it in the original
language. It had only to be understood, to be interpreted, developed,
and applied.... The works of these men are, perhaps, the only
productions of mediaeval learning to which the modern Professor of any
science whatever may turn, not merely for the sake of their historical
interest, not merely in the hope of finding ideas of a suggestive
value, but with some possibility of finding a solution of the doubts,
difficulties and problems which still beset the modern student.”
Public-domain text, read in full here on John Shaqi.
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