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18-581: [REDACTED] Look up commentator in Wiktionary, the free dictionary. Commentator or commentators may refer to: Commentator (historical) or Postglossator, a member of a European legal school that arose in France in the fourteenth century Commentator (horse) (foaled 2001), American Thoroughbred racehorse The Commentator or Ibn Rushd or Averroes (1126–1198), Andalusian philosopher " The Commentators ",

36-551: A dialectical way, which is a characteristic of medieval scholasticism . They sometimes needed to invent new concepts not found in Roman law, such as half-proof (evidence short of full proof but of some force, such as a single witness). In other medieval disciplines, for example theology and philosophy , glosses were also made on the main authoritative texts. In the Greek language , γλῶσσα ( glossa ) means "tongue" or "language." Originally,

54-544: A 1985 single by Rory Bremner Oregon Commentator , formerly a student publication at the University of Oregon Political commentator or pundit Sports commentator or sportscaster The Commentator , a political website published by Robin Shepherd The Commentator , formerly a student publication at Texas A&M University See also [ edit ] Color commentator , someone who assists

72-461: Is different from Wikidata All article disambiguation pages All disambiguation pages Commentator (historical) The school of the glossators in Bologna lost its vitality, resulting in the rise of a new school of legal thought in the 14th century, centred on Orléans in France. Bartolus and Baldus were the most famous of the commentators. Rather than simply seeking to explain

90-727: The Codex of Justinian , the Authenticum (an abridged Latin translation of selected constitutions of Justinian, promulgated in Greek after the enactment of the Codex and therefore called Novellae ), and his law manual, the Institutiones Iustiniani , compiled together in the Corpus Iuris Civilis . (This title is itself only a sixteenth-century printers' invention.) Their work transformed

108-502: The commentators was thus substantial. Their commentaries were found throughout Europe, in fact it was said that if one was not a Bartolist (a commentator), one could not be a lawyer at all. Glossators The scholars of the 11th- and 12th-century legal schools in Italy , France and Germany are identified as glossators in a specific sense. They studied Roman law based on the Digesta ,

126-527: The inherited ancient texts into a living tradition of medieval Roman law . The glossators conducted detailed text studies that resulted in collections of explanations. For their work they used a method of study unknown to the Romans themselves, insisting that contradictions in the legal material were only apparent. They tried to harmonize the sources in the conviction that for every legal question only one binding rule exists. Thus they approached these legal sources in

144-410: The law and clever interpretations. For example, feudal law, which violated the absoluteness of dominium, was harmonised with Roman law by drawing links with the long lease, which gave rise to a vindicatio directa. The commentators argued that the vindicata directa was evidence of another type of ownership and that feudal ownership could fall within this category. This made Roman law more flexible, although

162-509: The law, the commentators were more concerned with the potential for practical application of the law. Politically at this time, the idea of the Spirit of One – one church and one empire, was popular in Europe. Roman law thus appealed as bringing the potential for one law in addition. Roman law was written and certain as well as being generally consistent and complete. The educated liked its roots and saw

180-502: The margins of the legal texts. The medieval copyists at Bologna developed a typical script to enhance the legibility of both the main text and the glosses. The typically Bolognese script is called the Littera Bononiensis . Accursius 's Glossa ordinaria , the final standard redaction of these glosses, contains around 100,000 glosses. Accursius worked for decades on this task. There exists no critical edition of his glosses. In

198-436: The older historiography of the medieval learned law , the view developed that after the standard gloss had become fixed a generation of so-called commentators started to take over from the glossators. In fact, the early medieval legal scholars, too, wrote commentaries and lectures, but their main effort was indeed creating glosses. Most of the older glosses are accessible only in medieval manuscripts: modern editions of only

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216-601: The play-by-play commentator Commentary (disambiguation) Internet commentator (disambiguation) All pages with titles containing Commentator Topics referred to by the same term [REDACTED] This disambiguation page lists articles associated with the title Commentator . If an internal link led you here, you may wish to change the link to point directly to the intended article. Retrieved from " https://en.wikipedia.org/w/index.php?title=Commentator&oldid=1135871292 " Category : Disambiguation pages Hidden categories: Short description

234-421: The potential for application. The commentators faced head on the conflict of law with custom as they saw the potential for practical application of the Roman law. They were opportunistic and as medieval Italy flourished, there were many opportunities to be the mediator between the developing political, scientific and economic spheres. Thus many of their ideas were based on practical morality, bold construction of

252-459: The rationale and principles behind the law. Certain areas were thus not considered at all, for example, Bartolus makes no attempt to consider culpa. However, this general approach produced a far more sophisticated law and enabled harmonisation between Roman law and local law. For example, Roman law said that a will was valid if you had 5 witnesses and that Roman law superseded customary law, whilst Venice law only required 3 witnesses. Bartolus' approach

270-401: The word was used to denote an explanation of an unfamiliar word, but its scope gradually expanded to the more general sense of "commentary". The glossators used to write in the margins of the old texts ( glosa marginalis ) or between the lines ( glosa interlinearis - interlinear glosses). Later these were gathered into large collections, first copied as separate books, but also quickly written in

288-543: Was clearly a move away from the texts, and thus made it of greater practical use to rulers who were seeking a rational and coherent law. The Commentators went beyond the glossators , who had treated each text separately. The commentators instead wrote prose commentaries on the texts (rather like lectures,) working through, book by book, through the Digest. Rather than simply taking individual Roman law texts at face value, making it useful for practical application involved considering

306-425: Was made by oath.) The Commentators said that the canon law was simply a form of clothing which could make a bare pact enforceable. The extraction of general principles allowed Roman law to be used in situations which were unfamiliar to the Romans, it provided a coherent and convenient set of rules, which could then be used to interpret local customs, which were given primacy but very narrowly interpreted. The impact of

324-700: Was to consider why Roman law superseded custom. He concluded that this was because custom was presumed bad. However, in certain circumstances, custom would be allowed by the Emperor, where the law was considered good. Since the Venice law had come into practice after the Emperor, the Emperor had not considered if it were good law. However, it clearly was and therefore it should be allowed to continue. The Commentators also harmonised canon law with Roman law to some extent. Canonists argued that bare agreement could give rise to an action (but they only had jurisdiction where that agreement

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