THE SCHOOL OF COMMENTATORS
IUS COMMUNE
it applied an orientation in the complex practical operations
characterized by the use of legal texts
Corpus Iuris civilis
medieval libri, statuatory laws
adaption of the text into the contemporary legal reality
Frederick Barbarossa
heir of the first holy roman emperor, Charles the Great
he did not try, at first, to change the old-imperial programme, the prerogatives
then, a conflict between the Lombard league(they wanted to claim their autonomy from the power of the emperor) and Barbarossa became the point of contact(he asked for help and advices)between him and the School of Bologna
the most important regalia(right/power) of the german king in italy was to administer justice himself(he claimed it and he wanted to know his other regalias)
he wanted a list of his powers and affirm it
he claimed his regalia in the whole kingdom, but with the exception of those who had privileges(risk)
Lombard league
during the imperial weekness, they claimed their power and indipendence
but their claims couldn't be regulated by law, it only can establish a custom, but never a well-established rule of custom law(it didnt have the fundamental elements of diuturnitas and opinio iuris)
the legal jurists GAINED imperial privilege(constitutio habita). The legal scholars had the right, in case of criminal disputes, to choose their teaches/bishop of bologna as their judge
School of commentators
not completely different by the school of bologna and glossators
it stressed the fact that the system of laws failed to cover the entire field of law(ex. ius proprium was in contrast with the discipline of the ius commune)
main protagonists of the school
Cinus Pistoia
Bastolus of Saxoferrato
the doctores moderni(members/commentators of the school) dealt with many legal sources other than the roman law
the ius commune dominated the ius proprium
Cinus of Pistoia
an ex student of the school of bologna, he also studied in france
discussion about the relationship between ius commune and ius proprium
ius proprium was a changeable law(accessory law)
ius commune was stable and seems eternal/certain (principal law)
Bartolus of Saxoferrato
professor, lawyer, legal advisor
solid knowledge of roman law, canon law, stat and feudal law(huge influence in european law)
ius commune was the sun and the iura propria were the planets
ius commune was lifeless but it was the origin of the iura propria
ius proprium couldn't be applied without considering the doctrines of ius commune