Legal Definitions - commentators

In legal history, particularly within the civil law tradition, commentators (also known as postglossators) were a school of medieval legal scholars who flourished primarily from the 13th to the 16th centuries. They built upon the work of earlier scholars known as Glossators, who focused on literal interpretations and marginal notes (glosses) on the Corpus Juris Civilis (the body of Roman law compiled by Emperor Justinian).

Unlike the Glossators, commentators adopted a more analytical and systematic approach. They sought to understand the underlying principles and spirit of Roman law, reconcile conflicting texts, and adapt these ancient laws to the practical legal problems and societal conditions of their own time. Their extensive writings, known as "commentaries," were not just explanations but often profound analyses that developed new legal concepts and principles, significantly influencing the development of modern European civil law systems.

Here are some examples illustrating the role of commentators:

• Example 1: Interpreting Roman Law for Medieval Commerce

  Imagine a medieval merchant in Bologna facing a dispute over a complex contract involving goods transported across different principalities. The original Roman law texts might offer general principles, but they wouldn't directly address the specific intricacies of 14th-century international trade. A commentator like Bartolus de Saxoferrato would analyze the Roman texts on contracts, property, and obligations, not just by quoting them, but by extracting their underlying logic. He would then develop broader legal doctrines that could be applied to resolve the merchant's dispute, considering the practical realities of the time, such as different local customs or the need for clear rules on commercial risk. This demonstrates how commentators moved beyond literal interpretation to create adaptable legal solutions.

• Example 2: Developing Principles of Private Law

  Consider the concept of "possession" in property law. Roman law had various definitions and rules for different types of possession. A commentator would meticulously examine these disparate Roman texts, identify their common threads, and then synthesize them into a more coherent and comprehensive theory of possession. This theory would not only explain the Roman rules but also provide a framework for understanding and applying possession in new contexts, such as the ownership of newly acquired land or the rights of a tenant. This process of systematic analysis and synthesis was crucial for transforming fragmented ancient rules into a more unified and practical body of private law.

• Example 3: Shaping Legal Education and Practice

  During the Renaissance, universities across Europe taught law primarily through the lens of the commentators. A law student in 15th-century Padua would not just read Justinian's *Corpus Juris Civilis* directly; they would study the extensive commentaries written by scholars like Baldus de Ubaldis. These commentaries provided the authoritative interpretation, reconciliation of conflicting provisions, and practical application of Roman law. Lawyers and judges of the era would rely heavily on these commentaries as the primary source for understanding and applying the law in court, showcasing how the commentators' work became the practical legal framework for centuries.