Middle Ages
Irnerius
active c. 1100 · Bologna · Teacher of Roman law; first of the Glossators
1800 BCAD 2000
Life and ideas
Irnerius taught in Bologna around 1100 and is traditionally named as the first of the Glossators. At that time the texts of Roman law, little studied in the West for centuries, were again being copied and read. Irnerius, who had first taught the liberal arts, began to teach the Digest and the Code of Justinian as living law, adding short explanatory notes, called glosses, between the lines and in the margins. He is also recorded as acting as a judge and as an adviser to Emperor Henry V. Pupils gathered around him, and the school that grew at Bologna over the next generations produced the standard Glossa Ordinaria of Accursius and became the model for the law faculties of European universities, so that the 'law of the doctors' shaped the legal thinking of the Continent for centuries.
The big idea
The Roman texts could be studied as law itself, line by line, with explanatory glosses. His teaching at Bologna began the revival of Roman legal science in Europe.
Main work
Glosses on Justinian's Digest and Code
Legacy
The Bologna school was the seed of the first European universities and of the civil law tradition.
The school of thought
- Legal Formalism and Conceptualism: Law is a logical system of rules and concepts from which a judge can reason to the answer.
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