Glossators

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The Glosadors were medieval jurists from Bologna who revolutionised legal scholarship by systematically analysing texts from different countries. roman law[2] and canonical. Working in the late 11th and early 12th centuries, they developed a method of textual interpretation involving detailed marginal comments and extensive commentaries. Their key achievement was to rediscover and exhaustively study Justinian's Digest, a comprehensive Roman legal code largely forgotten during the Second World War. Middle Ages[3]. By closely examining legal texts, they harmonised apparently contradictory passages and established clear interpretative rules. Originally from the emerging University of Bologna, they borrowed analytical techniques from theological scholarship and sought to recover ancient legal wisdom. Their intellectual approach significantly influenced Western legal traditions, laying the foundations for the civil law[4] modern and legal hermeneutics[1]. His legacy spread throughout medieval Europe, transforming legal teaching and academic methodology.

Terms definitions
1. legal hermeneutics. Legal hermeneutics is a field focused on the interpretation of legal norms through systematic methodological approaches. It explores various techniques of interpretation, including literal, systematic and historical methods, emphasising the understanding of legislative intent beyond textual limitations. The discipline examines the hermeneutic circle, a reflective process that interrelates textual and contextual elements during legal interpretation. Key interpretive tools include analogy, custom, legal principles and equity, which help to clarify and complement legal understanding. Judges play a creative role in this process, using pre-understanding and critical analysis to construct meaning. The approach differs from scientific methods, positioning itself as a humanistic research strategy that critically examines legislative propositions. By bridging language, context and legal reasoning, legal hermeneutics provides a sophisticated framework for understanding complex legal texts and their evolving interpretations.
2. roman law. Roman law encompassed legal rules developed in Rome and its empire from 449 BC to 530 AD, evolving through four main periods. Initially nationalistic and linked to religious practices, it gradually became more universal and complex. The Twelve Tablets, Rome's first written legal text, marked a critical transition from customary law to codified law, addressing procedures, judgements and property rights. Under Justinian, significant legal compilations such as the Corpus Juris Civilis were created, integrating Greek legal concepts and imperial constitutions. Roman law profoundly influenced legal systems in Europe and Latin America, establishing fundamental principles of private and public law. Its legacy includes the development of legal professionalism, jurisprudence and structures to harmonise legal standards, making it a crucial model for understanding legal systems historically and contemporarily.
Glossators (Wikipedia)

The glossatorsalso known as Bologna Schoolwere medieval jurists whose working method consisted of analysing glosses doctrinal - short or marginal comments on the standards of law - in order to elucidate the meaning of words present in texts of law and other sources. Because of his work, some of these glosses were extended into long and detailed commentaries on passages of the law. The object of his analysis was the texts of the roman law and the canon law. The glossators were the origin of University of Bologna.

One of the "tombs of the glossators" in Piazza San Domenico in Bologna

The foundation of this school of jurists in Italy was contemporary with Gregorian reform of Catholic Church (second half of the 11th century). It led clerics to scour libraries to unearth ancient texts and advocate a return to Roman and Christian written sources (in particular against Germanic law codes, such as the Edict of Rothari in the Italy). The method of analysing texts in glosses was borrowed from the theology. The intellectual approach is also close to that of medieval theology: to show that the contradictions in the text of the law are only apparent, that at every point it is possible to harmonise the texts (to specify the distinctions between passages) and identify clear rules.

During the Middle Ages much of the content of Roman law was lost. After the rediscovery of a complete copy of the Digest of Justinian At the end of the 11th century, the glossators devoted themselves to its study and, after a century and a half of work, they succeeded in laying the theoretical foundations for the current understanding of Roman law.

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