Glossators

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Glossators

 

a school of jurists of the 11-13th centuries at the University of Bologna in Italy. The remarks inscribed by the glossators in the margins and between the lines of texts that they were studying were called glosses (hence the term “glossator”).

The glossators revived—at first for teaching purposes and later for practical application as well—the classical Roman law, mainly the Code of Justinian. The founder of the glossator school, Irnerius, was the first to separate Roman law from the general rhetoric curriculum and teach it as a separate subject, not in excerpts but in full. The glossator school is represented by Bulgarus, Martinus, Hugo, Azo, Jacobus, and Accursius, who systematized his predecessors’ work in a single compendium of glosses, the Glossa ordinaria. The glossators did not understand the historical limitation of legal institutions, considering Roman law outside time and above the state (ratio scripta—written reason). With their explications they promoted the imperial policies of the German emperors and the increase of feudal exploitation. At the same time, because of the secular character of the argumentation, the comprehensive, meticulous comparisons of legal norms, and the extensive use of juridical concepts and categories, the glossators laid the foundation of juridical science and culture, which had been almost completely lost since the fall of the Western Roman Empire. The glossators were the first to envisage the acceptance of Roman law by Western Europe, and by their activity they facilitated its development. Their labors served as the foundation of later commentary on the Roman law by the postglossators and legists.

REFERENCES

Sauvigny, F. K. O rimskom prave v srednie veka [iz soch.]. St. Petersburg, 1838. (Translated from German.)
Dernburg, H. Pandekty, vols. 1-3. Moscow-St. Petersburg, 1906-11. (Translated from German.)
Muromtsev, S. A. Retseptsiia rimskogo prava na Zapade. Moscow, 1886.

Z. M. CHERNILOVSKII

References in periodicals archive ?
By refashioning English better to conform to these models, it was supposed that the English language could become a means of accessing and communicating the higher order truths that generations of glossators had located in the poetry of Virgil and Statius, Petrarch and Sannazzaro.
This leads to the conclusion that 2:26 is a quote that Ecclesiastes rejects, or that it was added by a pious glossator.
The canopied, freestanding dynastic tombs of Southern Italy found analogues in France and Germany, but the first known examples from the North of Europe--their baldachins apparently arched, and now all vanished--were generally later in date, contemporaneous, in fact, with both the later thirteenth-century Roman wall-tombs with shed roofs just mentioned and the arched, freestanding glossator tombs in Bologna.
1) In this paper I shall try to show how the glossator managed to render the Latin original into his native language.
For example, the scholarship on the treatment of jurisdiction by the Bolognese jurist Azo and his followers is extensive, and in it Skinner would have discovered that the story about the Emperor Henry VI (not Henry IV) and the glossator Lothair is apocryphal.
Yet I think he is begging the question where he intimates that the translator of the Topics, Aba Uthman al-Dimashqi, did not distinguish the two because he used the compound sina at al-mantiq in translating dialektike (methodos), whereas the glossator must have regarded dialectic as a subspecies of the art of logic in general since he preferred the compound (sina at) al-jadal.
Indeed, proponents of this, for all practical purpose, unanimous interpretation during its nearly six-hundred-year reign, as is evident from even the earliest days of the commentary tradition, differed dramatically in the varying causes that these glossators adduced in order to explain Guido's disdegno for Virgil --a not particularly surprising circumstance given the absence of anything present in Cavalcante's oeuvre that bespeaks any such animus.
Among the topics are medieval glossators as agents of language change, Sumerograms and phonetic complements in Hittite cuneiform, medieval Hebrew letters of the 11th century, the historical development of early Arabic documentary formulae, variation in a Norwegian 16th-century scribal community, and language change induced by written codes in Old Kanembu and Kanuri dialects.
Building on the writing of the glossators, many civilian systems draw a distinction between real subrogation in universalities and real subrogation relating to particular assets.
Beginning with Gregory, Dougherty then turns to the twelfth-century canon law scholar Gratian and his glossators, moves on to thirteenth-century thought with William of Auxerre, the tradition associated with Alexander of Hales in the Summa fratris Alexandri, Raymond Lull and Thomas Aquinas, and ends with the early fifteenth-century Thomist Johannes Capreolus.
Humanist glossators took this habit of reading history even further, applying it to "pagan" texts.
Alaric Hall describes the problems of the Anglo-Saxon glossators and translators who were trying to render some concepts of classical Latin culture and mythology into Old English.