Sources and Literature of Medieval Roman Law

This chapter offers an in-depth exploration of the medieval revival, adaptation, and teaching of Roman law, examining its sources, dissemination, and impact. The author situates this resurgence of Roman law within the intellectual and institutional transformations of the 12th and 13th centuries, emphasizing its integration into European legal traditions through scholarly and pedagogical innovations.

The Sources and Literature of Medieval Roman Law

The chapter begins with the rediscovery and reorganization of the Corpus iuris civilis, Justinian’s monumental codification of Roman law from the 6th century. Composed of four parts—the Code, Digest, Institutes, and Novels—this legal corpus encapsulated centuries of Roman legal tradition. Medieval scholars divided the Corpus into five volumes: the Old Digest, the Infortiat, the New Digest, the Code, and the Volumen. By the 13th century, these texts were circulating in the “Vulgate” version, which differed slightly from modern editions.

Development of Doctrinal Works: Chronological Milestones

1. The 12th Century and the Rise of Legal Education
• Roman law gained prominence in studia (early schools) and later universities. Teachers employed methods like the glossa, annotating and interpreting Justinian’s texts to address contemporary legal and practical issues.
• Bologna emerged as a key center of Roman law studies, shaping a coherent scholarly tradition that spread across Europe.
2. The 13th Century and Doctrinal Synthesis
• The Glossa Ordinaria by Accursius (c. 1220–1260) was a landmark achievement, consolidating a century of legal glosses. It became the definitive commentary, accompanying the Corpus iuris civilis in academic and judicial settings.
• New legal reasoning methods emerged, incorporating Aristotelian logic and emphasizing interpretation over literal definition. These innovations transformed the teaching and application of Roman law.
3. The Triumph of the Ius Commune in the 14th and 15th Centuries
• Roman law evolved into a universal legal framework (ius commune), coexisting with local laws (ius proprium). Jurists viewed local statutes as exceptions within a unified Romanist system.
• This synthesis influenced doctrinal works like commentaries, treatises, and collections of consilia (legal opinions), which integrated Roman and canon law.

Working with Medieval Roman Law Sources

The chapter provides guidance for researchers studying medieval Roman law:

1. Identifying key jurists and their works, such as Accursius, Bartolus, and Baldus, whose writings shaped the legal tradition.
2. Locating sedes materiae (core textual fragments) in the Corpus iuris civilis, which medieval jurists used to frame their commentaries.
3. Consulting manuscripts and early printed editions, acknowledging the challenges of attributions, textual variations, and historical biases.

Conclusion

Marie Bassano emphasizes the enduring significance of medieval Roman law as a foundational element of European legal culture. By integrating ancient texts into contemporary legal systems, medieval jurists bridged historical traditions and modern innovations. This chapter highlights the intellectual and practical contributions of medieval scholarship, affirming the Corpus iuris civilis as a dynamic and adaptable source of legal thought.