Glossators


Also found in: Dictionary, Legal.
Related to Glossators: School of Glossators, Legal glossator

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 ?
Offering up multiple possibilities, each qualified and questioned before settling on the image's necessary secrecy, this book does not present the glossator as an absolute authority, but rather models the reader's probing attempts to make a deeply resistant book disclose secrets that finally refuse to yield themselves up.
Wailes explains in detail, saw Jesus's riddling as a punishment fit for a crowd who didn't want and didn't deserve, because of their vicious nature, to understand him; these glossators often repeat some variant of a comment by Bede the Venerable that Jesus's audience comprises those who "because of the closed senses of their hearts care neither to [approach Jesus for enlightenment] nor to know the truth, and rightly therefore hear through parables and enigmas.
Modern critics are less forgiving than Bongo or the Geneva glossators.
The conjecture that Boccaccio's Lisabetta represents a synthesis of Virgil's and Jerome's Didos evolves into a fascinating discussion of the centuries-long controversy regarding the relative merits of the historical and poetic versions of Dido--a debate with social and moral implications that extend well beyond the insular world of poets and glossators, broaching such universally pressing issues as fame, infamy, and misogyny.
Whereas Pena and Covarrubias primarily interpreted canon law and its glossators, others understood the introduction of prohibited books in more theological and scriptural terms.
The liberal side will allow glossators or commentators or even interpreters of the original and basic texts of the religion.
This regulatory system or "dispensation" must therefore register not only in the historical world of biblical authors and glossators but also in the modern poetic community Coleridge constructs within and around lyric.
17) Furthermore, where no precedents existed for the law of nations to have formed consensus (as in the case of early overseas acquisitions), then the jurist or monarch deliberating on an issue was expected to turn to the civil law writings of Justinian and his medieval glossators for guidance.
116) It might be possible to read these relationships in the context of the Derridean supplement--in this case, an invasion or decentring of the biblical text by its glossators and commentators, or of Latin by the vernacular, just as the supposed isolation and self-sufficiency of the enclosed life are apparently breached by these texts' pungent narratives of temptation and struggle.
The most compelling argument for limiting the scope of the criminal law doctrine of fetal non-personhood is undoubtedly that of the medieval glossators on the Talmud, known as the Tosafot.
Indeed, she suggests--the verb is the one she herself cautiously uses--"that the Aldhelm glossators [notably in the Brussels manuscript of the prose De virginitate of Aldhelm], the Royal [Psalter] Glossator and the translator of the Rule [i.
For example, a comprehensive lexicological analysis of the thousands of Anglo-French and Middle English forms used to gloss the Latin in Tony Hunt's Teaching and Learning Latin in Thirteenth-Century England(1) would add to a better understanding of the relationship between these two vernaculars in close contact from the twelfth to the fifteenth century as illustrated by the reactions of scores of glossators towards the Medieval Latin of their originals.