Summary of "Sem3Unidad2"

Summary of Video: Sem3Unidad2

This video covers Unit 2: The Formation of the Ius Commune (Common Law) and its Reception in Late Medieval Castile (1st to 15th centuries). It explores the historical, political, social, and legal contexts that shaped medieval European law, focusing on the ius commune—a common legal framework derived from Roman law—and its adaptation in Castile, particularly through the work of Alfonso X, “the Wise.”

Main Ideas and Concepts

1. Context and Formation of the Ius Commune

The ius commune is the common law of medieval Europe, rooted primarily in Justinianic Roman law. Its formation is analyzed through four key axes:

Consolidation of Two Universal Powers The medieval Christian system was governed by two intertwined powers:
- The Papacy (spiritual authority)
- The Emperor (secular authority) These powers were closely linked (“two swords”) but often in tension, exemplified by conflicts such as the Investiture Dispute, which was resolved by the Concordat of Worms. The Holy Roman Empire and the papacy were central institutions shaping medieval political and legal structures.
Resurgence of Cities and Urban Centers The Late Middle Ages saw the growth of cities and trade, challenging the feudal, rural, and local legal orders. The expansion of commerce required a more unified legal framework that transcended local customs.
Emergence of Medieval Universities An intellectual revival under Charlemagne led to the development of educational institutions. Universities like Bologna and Paris became centers for legal and theological studies. The curriculum was structured around the trivium (grammar, logic, rhetoric) and quadrivium (arithmetic, geometry, music, astronomy). Aristotle’s philosophy was reintroduced via Arab scholars and Christian thinkers like Thomas Aquinas, influencing medieval science and law.
Reception of Justinianic Roman Law The rediscovery of the Corpus Iuris Civilis (Body of Civil Law) compiled by Emperor Justinian in the 6th century was pivotal. Initially, this Roman law had little impact in early medieval Europe, which was dominated by local customary laws. Manuscripts of the Corpus were found and studied in universities, especially focusing on the Digest (opinions of classical Roman jurists).

2. Glossators and Commentators: Methodology and Role

Glossators (11th-12th centuries) Scholars who studied and interpreted the Corpus Iuris Civilis.
- Key figure: Irnerius (Bologna), initiator of the glossator school.
- Their work involved exegesis — detailed interpretation and annotation (glosses) of the Roman texts to clarify meanings.
- The Corpus was treated as authoritative and nearly sacred, similar to the Bible in theology.
- Glosses were written in margins around the text, evolving into complex commentaries.
- Example: Accursius compiled the Ordinary Gloss, a comprehensive commentary.
Commentators (13th-15th centuries) Built upon glossators’ work but showed more independence from the original Roman texts.
- Focused on interpreting the spirit of the law and addressing practical political and social conflicts of the medieval world.
- Used additional sources, including local laws.
- Developed doctrines relevant to the medieval context.
- Important figures: Bartolus de Saxoferrato (most influential), Baldo de Ubaldis.
- Their jurisprudence shaped the ius commune, which was not a fixed code but a body of juristic doctrines.

3. Reception of the Ius Commune in Castile

Castile in the late Middle Ages experienced a process of normative unification, reversing earlier legal fragmentation. Political consolidation under kings like Fernando III (“The Saint”) and his son Alfonso X (“The Wise”) was key.

Fernando III unified Castile and León (1230) and promoted the translation and use of the Liber Iudiciorum (Visigothic code) into Romance language as Fuero Juzgo, granted as charters to cities.
Alfonso X legislated royal legal codes:
- Royal Charter (Fuero Real)
- Seven Partidas (Siete Partidas), a monumental legal compilation divided into seven parts, symbolizing completeness (number seven’s biblical and mystical significance).

The Seven Partidas sought to unify and systematize Castilian law inspired by Roman imperial models, emphasizing the king’s legislative role. It covered:

The Church (first section, reflecting medieval priorities)
Other areas of law including civil, criminal, commercial, and procedural law (not detailed in the video).

Despite their importance, Alfonso’s codes faced resistance and limited immediate success:

Courts like Zamora restricted their use mainly to royal jurisdiction cases.
Local charters (municipal laws) retained authority in local matters.
Later municipal ordinances, such as those of Alcalá de Henares, recognized the Partidas in a subordinate role.

Economic growth and trade further pushed the need for common legal standards, reinforcing the influence of the ius commune and royal laws.

Summary of Methodology / Key Points

Four axes to understand ius commune formation:
1. Consolidation and tension of papal and imperial powers.
2. Urban revival and economic integration demanding unified law.
3. Rise of universities fostering legal scholarship.
4. Rediscovery and study of Justinian’s Roman law (Corpus Iuris Civilis).
Glossators’ methodology:
- Exegetical interpretation of Roman law texts.
- Marginal glosses clarifying the meaning of words and concepts.
- Treating the Corpus as authoritative.
Commentators’ methodology:
- Broader, more practical interpretation of law.
- Incorporation of local customs and political realities.
- Development of juristic doctrines relevant to medieval society.
Reception in Castile:
- Normative unification through royal charters and legal codes.
- Influence of Roman imperial law models legitimizing royal legislation.
- The Seven Partidas as the pinnacle of this reception, despite initial resistance.
- Coexistence and gradual integration of local customary laws with royal law.

Speakers / Sources Featured

Narrator / Lecturer: Provides the historical narrative, explanations, and analysis throughout the video.
Historical Figures Mentioned:
- Charlemagne (King of the Franks, crowned emperor in 768)
- Pope Gregory I (Gregory the Great) – Gregorian reform
- Emperor Justinian I – Compiler of the Corpus Iuris Civilis
- Irnerius – First glossator, teacher at Bologna
- Accursius – Compiler of the Ordinary Gloss
- Bartolus de Saxoferrato and Baldo de Ubaldis – Leading commentators
- Fernando III (“The Saint”) – King of Castile and León, promoter of legal unification
- Alfonso X (“The Wise”) – King of Castile, author of the Seven Partidas

This video provides a comprehensive overview of the medieval legal tradition in Europe, emphasizing the intellectual and political developments that led to the formation of a common legal culture (ius commune) and its adaptation in Castile under Alfonso X.