Summae
The summa was a work of a quite different sort. Even though it too was linked to the school, it was not as fortuitous and fluid as the fragmentary written documentation of the school lessons.
Unlike the glosses and their exegesis in brief, disconnected annotations, the summa became a precisely defined literary type; a personal, continuÂous, and fully elaborated exposition constructed according to a speÂcific logical and formal architecture that at times owed much to Cicero.[122]Before the appearance of the summa, its way was prepared by treaÂtises, some of which dealt with a specific subject (one example is a tractatus of Martinus Gosia on dowries),[123] [124] and others of which were more like exceptionally full glosses. In general, however, the summa matured soon after the mid-twelfth century. One of the first hesitant attempts was Rogerius5S interweaving of a Summa Codicis with the Summa Trecensis? the genre later became clearer with the Summa Codicis and the Summa Institutionum of Placentinus and, above all, with Azo’s weighty and thorough Summa Codicis. Thus, with the summae, theoretical elaboration of the law and the circulation of ideas were condensed in works that could be defined in literary terms, that were written in a homogeneous manner, and that reflected an original thinking process the development and expression of which were controlled by the author. The great legal collections of the church also came to have imporÂtant works of interpretation, but these were only in part comparable to the works of the civilians. In the twelfth century, the text that for decades had served as a base for annotations explicating and suppleÂmenting its thought was Gratian’s Decretum—the work of an individÂual, thus less constraining and less inflexible than the Iibri legales. AlÂthough glosses and supplementary networks to the Decretum did exist, it inspired summae almost immediately. These summae differed from their civil-law counterparts, however, in that they did not follow a preordained logical structure. They were more similar to the civilÂians’ apparatus in that they included minute notations in the form of glosses arranged to follow one after the other rather than being abÂsorbed into a continuous, flowing prose. Some canon-law summae that stand out for their techniques of composition and their form are those of Rolandus, Rufinus, and John of Faenza (Johannes Faventi- nus), all twelfth-century jurists, and Stephen of Tournai (Stephanus Tornacensis) and Huguccio, who lived into the early thirteenth century. 6.
More on the topic Summae:
- The Systematic Character of Canon Law
- THE CIVIL LAW GLOSSATORS
- CITIZENSHIP AS SHARED SUBJECTION
- Bellomo Manlio. The Common Legal Past of Europe: 1000-1800. The Catholic University of America Press,1995. — 273 p., 1995
- Index