THE QUAESTIONES DISPUTATAE OF THE GLOSSATORS BY HERMANN KANTOROWICZ (Cambridge). 1. Concept and Materials. The disputations of the glossators are not as dead as other forms of the medieval teaching of law. They have a modern counterpart in the 'moots' of the present English law schools, and may have been their roots, or at least their models. The 'moots' are a not unimportant educational feature, but they have not given rise to any kind of legal literature; they are therefore scarcely known outside England. The disputations on Roman Law at Bologna and afterwards at every other school of law would also have been forgotten, had they not been recorded by the Quaestiones disputatae. It is with this type of legal literature, as it originated and developed during the epoch of the glossators, i. e. from the beginning of the 12th to the middle of the 13th century, that we are here concerned. Certain readers will not be offended if we remind them that the civilian glossators can be roughly grouped in four generations of masters and pupils: Irnerius (Guarnerius), the founder of the school c. 1130); his pupils, the Four Doctors: Bulgarus 1166 ? ), Martinus, Hugo, Jacobus 178);
The Legal History Review / Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit – Brill
Published: Jan 1, 1935
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