MEDIEVAL AND EARLY MODERN STUDY

§ 2 The study of Roman law in western Europe dates back to the 11 th century,

to Bologna and other city stales of northern Italy, centuries after the down­fall of the Roman Empire in the west.

At the start the mass of material con­tained in the manuscripts which formed the basis for the study of the Roman law was looked upon as a storehouse of pristine legal data, to be sorted out and arranged for comprehension by the students who flocked to the univer­sities of Italy, of France and of other countries from the whole of western Europe. Before long the efforts of the first group of scholar-professors (the Glossators) were succeeded by those who undertook to expound the Roman law as the substratum of law to supplement contemporary statutory enact­ments and court decisions. This group of teachers and writers is known as the Commentators or Post-Glossators. The Roman law which they taught formed the major element in the common law (ius commune) which spread throughout Europe, from Poland to Spain, from Austria to Scotland-skip­ping England. In later centuries there were some who taught and wrote upon Roman law as they conceived it to have been in the days of ancient Rome (the Humanists); others, like Hugues Doneau, or Donellus (1527-1591),' attempted a systematic arrangement of the law upon the basis of Roman legal principles; still others (the School of Natural Law) fashioned an ideal universal system by subjecting the experience with the Roman legal ideas of the preceding centuries to the current philosophical views of the 16th, 17th and early 18th centuries. All this study of the Roman law, however, has very little significance to the American law school of today. It may well be the substance of the courses in legal history in the various European countries in which the events took place? It also should serve to broaden the knowledge of the student of medieval and early modern European history. The law student, however, needs only to be referred to the leading studies in this field, together with a few surveys which are available in English?

B.

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