Mos italicus

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The mos italicus (Latin: the Italian custom) is a specific way in which learned jurists ( glossators and commentators ) in the Middle Ages and in the early modern period dealt with the texts of the legal books Corpus Iuris Civilis and Corpus Iuris Canonici . Major pioneers were Bartolus de Saxoferrato and Baldus de Ubaldis .

The traditional legal texts were seen as a timeless authority, correct and not inconsistent . The lawyers dealt scholastically and scientifically with the content of the law books: They explained the meaning and mode of action of the individual rules, said when they were applied, and harmonized apparently contradicting rules with one another (= interpretation of the legal works ). The legal books were commented on for these purposes: through glosses, commentaries, tracts, etc. a. Literary forms.

The commentators in particular also dealt with how the rules of these codes could be applied in practice. In practice there were customary laws that had to be brought into conformity with the rules of the Corpora Iuris.

The mos italicus was criticized in the early modern period by the representatives of the mos gallicus . The mos gallicus prevailed in France. In Italy and Germany, however, the mos italicus remained the determining mode of jurisprudence, both at universities and in judicial practice. Unlike the humanist by the mos gallicus embossed jurisprudence of France, which means the iustinianischen laws work the classical Roman law sought to explore was limited in Germany in the 17th and 18th centuries to the late antique achievements without classical law. From this the usus modernus pandectarum developed .

Individual evidence

  1. Herbert Hausmaninger , Walter Selb : Römisches Privatrecht , Böhlau, Vienna 1981 (9th edition 2001) (Böhlau-Studien-Bücher) ISBN 3-205-07171-9 , pp. 60–62.
  2. Ulrich Manthe : History of Roman Law (= Beck'sche series. 2132). Beck, Munich 2000, ISBN 3-406-44732-5 , p. 120 f.