Hugolinusglossen im accursischen Apparat zum Digestum vetus

2017 ◽  
Author(s):  
Horst Heinrich Jakobs
Keyword(s):  
Middle Ages ◽  
Roman Law ◽  
13Th Century ◽  
History Of ◽  
Individual Trees ◽  
The Middle Ages

In research on the history of Roman law in the Middle Ages, the desideratum is the history of the text of the glosses written in the 13th century by Accursius on the Corpus Iuris Civilis – the work that determined the reception of Roman law in Europe. What were the sources used by Accursius? What use did he make of them? What did he add to the work of his predecessors? This book aims to answer these questions. It aims to revise Savigny's preliminary judgment on the quality of Accursius's work, to reduce what Astuti still called the "pressochè completa ignoranza" of Accursius's way of working – as far as this is possible in a work which, assuming that the forest cannot be fathomed except by looking at individual trees, is limited to the history of the text of individual passages.

scholarly journals Greckie wpływy na powstanie Ustawy XII Tablic : (na marginesie glosy Accursiusa do D. 1,2,2,4)

1994 ◽  
Vol 37 (3-4) ◽  
pp. 39-45
Author(s):  
Witold Wołodkiewicz
Keyword(s):  
Middle Ages ◽  
Roman Law ◽  
Roman Society ◽  
History Of ◽  
Total Lack ◽  
The Creation ◽  
The Law ◽  
The Middle Ages

The problem of Greek influence on the creation and the content of the Twelve Tables appeared several times in Roman lawyers’ records. Amongst few jurists, Pomponius wrote about the influence of Greek cities law on the Twelve Tables in the famous fragment on the history of Roman law from his Enchiridion (D. 1,2,2,3-4). Accursius gave an ample gloss to the fragment. He cites an anecdote on the creation of the Twelve Tables: „Greeks had delegated a wise man to visit Rome in order to estimate, after a discussion with its inhabitants, whether they are mature enough to be presented with the law that was prepared. Romans reached the decision that a fool should confront the Greek: there would be no damage to them if he lost, they thought. Obviously, both had to speak by signs. „The Greek started the duel raising one finger what meant that he believed in one God. The Roman took it as an attack on his eye and showed two fingers, which made three with his thumb, in order to be dangerous for both eyes of his adversary. However, the visitor understood the gesture as an acceptance of faith in one God with addition that He is triune. Referring to that, the Greek showed an open palm - it signified that everything is known to the Almighty. Yet, the fool thought that it is to strike his hand and raised the fist to demonstrate that he was going to defend himself. The wise man from Greece understood it as a statement that God has human fortune in His hand and reigns over all affairs of this world. „After this conversation, the Greek concluded that Roman society is developed in the degree they can be gifted with the prepared statue” . The story is one of the first notes on Greek influence on the Twelve Tables. It shows the total lack o f historic perpsective that was shared by glossators in the Middle Ages. The article contains also some references to the historiography of the Greek influence on the Twelve Tables.

BARTOLUS OF SASSOFERRATO AND FREE CITIES

2000 ◽  
Vol 10 ◽  
pp. 65-89 ◽  
Author(s):  
Magnus Ryan
Keyword(s):  
Middle Ages ◽  
Eleventh Century ◽  
Full Scale ◽  
Roman Law ◽  
Scale Analysis ◽  
Political Ideas ◽  
History Of ◽  
Free People ◽  
The Middle Ages

Abstract‘Well are ye called the Free People.' – BagheeraBARTOLUS of Sassoferrato (1314–1357) is as famous to legal historians and specialists in the history of political ideas as he is unkown outside those areas of research. His obscurity is owed not to his mind but to his genre: the commentary on Justinian'sCorpus Iuris Civilis, and the occasional monograph of more systematic yet still legalistic lineaments. Of the thousands of lawyers who studied, taught and applied Roman law from its rediscovery in the late eleventh century to the end of the middle ages, there are perhaps three or four who command universal respect, some of whom we shall encounter in what follows. Only Bartolus radiates the nimbus of genius. In the realm of political ideas, he has – perversely, perhaps – best been served by Anglophone historiography, beginning with the classic study published in 1913 by C.N.S. Woolf, continuing by way of Walter Ullmann's numerous articles and most recently subjected to a full-scale analysis by Joseph Canning in his study of the ideas of Bartolus' most famous pupil, Baldus de Ubaldis (d. 1400).

Lex posterior derogat priori, lex specialis derogat generali Jalons pour une histoire des conflits de normes centrée sur ces deux solutions concurrentes

2012 ◽  
Vol 80 (3-4) ◽  
pp. 353-397 ◽  
Author(s):  
Jean-Louis Halpérin
Keyword(s):  
Middle Ages ◽  
Civil Law ◽  
Roman Law ◽  
History Of ◽  
The Middle Ages

Lex posterior derogat priori, lex specialis derogat generali, Guidelines for a history of conflicting norms with a focus on these two competing solutions. – The two Latin maxims, Lex posterior derogat priori and Lex specialis derogat generali, sometimes presented as evidentially logical, have a complex history and a delicate relationship (whereas the latter can contradict the former). They take their origins in the Digest, but in rather paradoxical forms: Lex posterior is coming from a text written in Greek by Modestinus, lex generalis is induced from a general regula exposed by Papinianus. How have these two ways of resolving the problem of conflicting norms emerged in Roman law? How have they been quoted and explained in canon and in civil law during the Middle Ages? How have they been used by sovereigns and in which scope do they serve the foundations of modern States? This paper tries to answer these questions by analyzing texts where the two maxims are mentioned and proposes to treat this subject as a significant chapter of the history of the sources of law.

La storia della filosofia medievale dei secoli XIII e XIV

2001 ◽  
Vol 6 ◽  
pp. 53-86
Author(s):  
Graziella Federici Vescovini
Keyword(s):  
20Th Century ◽  
Middle Ages ◽  
21St Century ◽  
Intellectual Life ◽  
13Th Century ◽  
Critical Editions ◽  
15Th Century ◽  
Dark Ages ◽  
History Of ◽  
The Middle Ages

An overview of current medieval philosophical and scientific studies would seem justified at the beginning of the 21st century. While no part of the history of philosophy has been so much despised as the Middle Ages (this period having been called until the beginning of the 20th century the ›dark ages‹), numerous internationally signi;cant studies on this topic have recently been published. Essays and monographs, critical editions, anthologies and re­views have addressed many facets of medieval thought, particularly the medieval institu­tional context and the intellectual life of the Middle Ages along with the history of medie­val philosophy and science. This essay looks at studies of different philosophical tendencies from the end of the 13th century to the 15th century, not restricting itself to medieval Aristo­telianism.

scholarly journals Membangun Peradaban Esoteris Berbasis Nilai-Nilai Spiritual: Studi Historis Sains Islam Abad Pertengahan

ESOTERIK ◽  
2018 ◽  
Vol 4 (2) ◽  
pp. 325
Author(s):  
Fadhlu Rahman
Keyword(s):  
Middle Ages ◽  
Descriptive Analysis ◽  
Spiritual Civilization ◽  
History Of ◽  
Islamic Science ◽  
New Space ◽  
Definition Of ◽  
Historical Methods ◽  
The Middle Ages

<p class="06IsiAbstrak">The science of Islam in medieval times provides another perspective on human concepts and the progress of civilization. The values of monotheism look at the sides of spirituality as a measure of the progress of civilization. From it the definition of civilization gained new space and paved the way for the inherent potentials of humanity as the foundation for the progress of civilization as well as not reducing the quality of scientific sophistication. This paper aims to uncover the concept of the holistic paradigm and the history of Islamic science in the Middle Ages while also contextualizing it on the concept of Coomaraswamy spiritual civilization which has the theory of spiritual civilization, as a basis for the meaning of civilization with historical methods as well as descriptive analysis. Thus, my findings conclude that the paradigm of the progress of civilization has an esoteric perspective, and spirituality can be used as a measure of the progress of civilization besides not ignoring the materiality side in the form of sophistication of scientific science theories.</p>

History of the City of Rome in the Middle Ages

2009 ◽  
Author(s):  
Ferdinand Gregorovius ◽  
Annie Hamilton
Keyword(s):  
Middle Ages ◽  
History Of ◽  
The City ◽  
The Middle Ages

History of the City of Rome in the Middle Ages

2009 ◽  
Author(s):  
Ferdinand Gregorovius ◽  
Annie Hamilton
Keyword(s):  
Middle Ages ◽  
History Of ◽  
The City ◽  
The Middle Ages

The Making of the Medieval Middle East

2018 ◽  
Author(s):  
Jack Tannous
Keyword(s):  
Middle East ◽  
Middle Ages ◽  
Religious History ◽  
Late Antique ◽  
Christian Communities ◽  
Conversion To Islam ◽  
History Of ◽  
First Millennium ◽  
Muslim Communities ◽  
The Middle Ages

In the second half of the first millennium CE, the Christian Middle East fractured irreparably into competing churches and Arabs conquered the region, setting in motion a process that would lead to its eventual conversion to Islam. This book argues that key to understanding these dramatic religious transformations are ordinary religious believers, often called “the simple” in late antique and medieval sources. Largely agrarian and illiterate, these Christians outnumbered Muslims well into the era of the Crusades, and yet they have typically been invisible in our understanding of the Middle East's history. What did it mean for Christian communities to break apart over theological disagreements that most people could not understand? How does our view of the rise of Islam change if we take seriously the fact that Muslims remained a demographic minority for much of the Middle Ages? In addressing these and other questions, the book provides a sweeping reinterpretation of the religious history of the medieval Middle East. The book draws on a wealth of Greek, Syriac, and Arabic sources to recast these conquered lands as largely Christian ones whose growing Muslim populations are properly understood as converting away from and in competition with the non-Muslim communities around them.

Alma Mater Studiorum. O genezie i początkach uniwersytetów

2017 ◽  
Vol 15 (2) ◽  
pp. 9-22
Author(s):  
Marek Maciejewski
Keyword(s):  
Middle Ages ◽  
Canon Law ◽  
18Th Century ◽  
Ancient Greece ◽  
Roman Law ◽  
Institutions Of Higher Education ◽  
13Th Century ◽  
New Era ◽  
Conducting Research ◽  
The 19Th Century

The origin of universities reaches the period of Ancient Greece when philosophy (sophists, Socrates, Plato, Aristotle, stoics and others) – the “Queen of sciences”, and the first institutions of higher education (among others, Plato’s Academy, Cassiodorus’ Vivarium, gymnasia) came into existence. Even before the new era, schools having the nature of universities existed also beyond European borders, including those in China and India. In the early Middle Ages, those types of schools functioned in Northern Africa and in the Near East (Baghdad, Cairo, Constantinople, cities of Southern Spain). The first university in the full meaning of the word was founded at the end of the 11th century in Bologna. It was based on a two-tiered education cycle. Following its creation, soon new universities – at first – in Italy, then (in the 12th and 13th century) in other European cities – were established. The author of the article describes their modes of operation, the methods of conducting research and organizing students’ education, the existing student traditions and customs. From the very beginning of the universities’ existence the study of law was part of their curricula, based primarily on the teaching of Roman law and – with time – the canon law. The rise of universities can be dated from the end of the Middle Ages and the beginning of modernity. In the 17th and 18th century they underwent a crisis which was successfully overcome at the end of the 19th century and throughout the following one.

HAJJ AND THE RULERS OF

2019 ◽  
Vol 18 (2) ◽  
pp. 24-37
Author(s):  
D.X. Sangirova ◽  
Keyword(s):  
Middle Ages ◽  
Sacred Place ◽  
History Of ◽  
Ancient Times ◽  
The Middle Ages

Revered since ancient times, the concept of "sacred place" in the middle ages rose to a new level. The article analyzes one of the important issues of this time - Hajj (pilgriamge associated with visiting Mecca and its surroundings at a certain time), which is one of pillars of Islam and history of rulers who went on pilgrimage

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