They extended their activities by making summaries, setting out problems with answers,
and teaching. A compilation of the glosses, the
Glossa Ordinaria
, was made by Accursius.
The
Glossa Ordinaria
was later published with a text of the
Corpus Iuris Civilis
, and used
as authority throughout the Western world. The Glossators initiated the first scientific
research, saved the Roman law from obscurity and contributed to its later reception. Their
teaching of Roman law resulted in the study and use of Roman law in many of the
Western European countries outside Bologna. Unfortunately they had no historical
perspective, and treated the texts as if they reflected contemporary law, and not law that
had been codified almost 600 years previously. They ignored the customary law of the
time and tried to reconcile contradictions by using fictions.
5.2 The Ultramontani
They were from the law school at Orléans in France, literally from “north of the mountains”
as their name indicated, and they focused on the Code of Justinian and the practical
problems of their time. They used the text as a source for critical discussion, and not, like
the Glossators, only for interpretation. They also consulted canon law, Germanic customs
and local law.
5.3 The Commentators
Again from Bologna, they mainly influenced the law in Italy and later in France. From the
1600s onwards the Commentators’ works also influenced legal development in the
Netherlands and Holland.
•
They adapted Roman law to contemporary requirements by integrating it with the
local laws (legislation and canon law).They used the
Glossa Ordinaria
to establish

46


You've reached the end of your free preview.
Want to read all 103 pages?
- Summer '18
- Carey Robertson
- Law, Common Law