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- Title
CASISTICA E SISTEMA NELLA ‘LEZIONE’ DEI GLOSSATORI.
- Authors
Sarti, Nicoletta
- Abstract
The essay traces the gradual reappearance of the justinianean texts in the early 12th century and their subsequent construction in corpus by the Glossators, together with the structure those in a legal system together with the ius canonicum and the iura propria. Exegetical work carried out by the Jurists of irnerian period could thus take the jurisprudence out from the generic container of artes sermocinales, making it autonomous: the arts of the trivium continued to provide the argumentative paraphernalia through the dialectic and rhetoric. The system took off by means of an extensive and rigrowing sapiential interpretation, because legum doctores really believed that an organic body of the right was existing prior and they just same identify his coordinates. The modus operandi of medieval Jurists is here exemplified through the specific case of limit placed at aemulatio.
- Subjects
GLOSSATORS; CORPUS Juris Canonici; JURISPRUDENCE -- History; LAWYERS; DOCTOR of laws degree
- Publication
Archivio Giuridico, 2016, Vol 236, Issue 3/4, p445
- ISSN
0391-5646
- Publication type
Article