Legal History from a European Perspective episodes:

• January 17, 2021LH0350: The Intelletual Environment. Universities in Europe

  Scholasticism needed an environment.

  From the Early medieval schools to the specialised universities of the 12th century.

  Roman law and the lay intellectuals.

  Birth of many Universities.

  Organisation and professionalism.

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• January 17, 2021LH0340: Feudal Law

  Scholastic methos applied also to other texts: a collection of lombard feudal customs studied at Pavia by judges and lawyers.

  Libri Feudorum: a description of lombard customs concerning the fief, written in different stages from 1150 ca. and 1180/90 (again: scholastic method asks for a book).

  Why the jurists turn their attention to the feudal law?

  The story of Pillius moving to Modena.

  Invention of the concept of dominium utile. Feudal property divided in two.

  A very successful legal category.

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• January 17, 2021LH0330: Canon Law

  Scholastic method needs authoritative books.

  The Decretum = Concordia discordantium canonum by Gratian: around 1140.

  New legislation for the Church: the Decretales issued by the popes (increasing since the mid 12th century).

  Collections of Decretals:

  Ordered by matter

  Issued by private law professors

  Issued by the pope / legislator: Innocent III 1209

  Official collection issued by Gregory IX in 1234. Liber Extra.

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• January 17, 2021LH0321: Dialectic and Systematic

  Dialectic and systematic: two conflicting approaches to kowledge.

  Systematic: ordering concepts in families - give a well-ordered map of the law as a “system”.

  Born in the 16th century - Heyday in Germany, 19th century (Pandectism).

  Dialectical reasoning: the authorities used as arguments. Oppositions and incoherences of the books used as opposing authorities.

  Like a gothic cathedral: boosting the two pillars from opposite sides medieval architects could build higher naves.

  Impossible to reach the sky, as it is impossible to reach the Truth: but you can try.

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• January 17, 2021LH0320: The Method of the Glossators

  Scholasticism: in theology and in law.

  A huge intellectual effort to classify the reality following the categories given by authoritative texts.

  Distinctio: to apply two contradicting laws, I need to distiguish two different situations.

  Glosses: noting contradicting and agreeing passages in the margins.

  Regulae: extracting the justice from different laws ruling similar cases.

  Scholasticism did not « revive » Roman law: it created a fully new system.

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• January 17, 2021LH0310: Reconstructing Ancient Texts

  Looking for complete version of the books issued by Justinian in the 6th century.

  Just a lucky happening?

  The new intellectuals of the 12th century refused the use of legal texts out of context.

  They needed the whole of the legal compilations to interpret the laws (as in the case of Gerstungen).

  They needed books of law for the use in courts (as in the mosaic of Piacenza).

  Reconstruction of the Code as completely as possible (no greek constitutions).

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• January 17, 2021LH0300: Rational turn

  Rationality and Law

  Trial by battle vs. legal procedure

  The game of dice vs. the game of chess

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• January 17, 2021LH0290: A new idea of the legal text

  How do the historian describe the changes in a society?

  The dispute of Gerstingen, 1085.

  The principle of unlawful dispossession in the pseudo-Isidorian Decretals used in defense of Henry IV.

  Text and context: the rhapsodic use of the law vs. the legal interpretation.

  12th century: the birth of ius commune.

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• January 17, 2021LH0280: The Dictatus Papae and the Investitures Conflict

  A list of 27 resolutions.

  It was an index for a collection of canon law texts which never was completed?

  This gives the idea of the new importance of legislative collections at the age of Gregory VII.

  It states the right to appeal to the pope.

  Investiture conflict: Gregory attacks the use of Emperors appointing bishops-counts when the county was coincident with a dioceses.

  For the first time, an Emperor was excommunicated in 1076.

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• January 17, 2021LH0270: The Gregorian Reform

  Regular clergy: the monks

  Secular clergy: priests in parish and cathedrals.

  Gregory VII condemns concubinage of the priest (against clergy having families).

  To protect ecclesiastical properties: if you have a concubine you can have a family and you may want to give the property of your church to your children.

  Reform of justice: introducing the right to appeal a superior court.

  Connected with blaming of ordeals: in 1215 the 4th Lateran Council banned them.

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