Legal Definitions - communis opinio doctorum

Communis opinio doctorum is a Latin phrase meaning "the common opinion of scholars." Historically, this term refers to the widespread agreement among legal scholars during the later Middle Ages regarding the interpretation and application of Roman law, particularly the texts compiled under Emperor Justinian. It represented a prevailing consensus among learned legal experts on specific points of law, which often carried significant weight in legal discourse and practice of the time.

• Example 1: Interpretation of Property Rights

  Imagine a complex passage in Justinian's Code detailing the rights of co-owners of a piece of land. Over several generations, prominent legal scholars across different European universities, known as glossators, meticulously studied and wrote commentaries on this specific text. Despite working independently, their analyses consistently converged on a particular interpretation of how co-owners could legally divide the property or manage its use.

  This illustrates communis opinio doctorum because the shared, consistent understanding among these influential legal experts on a nuanced aspect of Roman property law became the accepted scholarly view of the time.

• Example 2: Defining Legal Remedies

  Consider a situation where Roman law outlined various remedies for a breach of contract, but the exact conditions for invoking each remedy were not always explicitly clear. Leading legal minds of the medieval period, through their extensive writings and teachings, developed a common understanding of when a specific action for damages or specific performance was appropriate. Their collective works established a standard interpretation that was widely taught and applied.

  Here, the communis opinio doctorum refers to the collective agreement among these scholars on the precise circumstances under which different contractual remedies could be sought, providing clarity where the original texts were ambiguous.

• Example 3: Status of Legal Persons

  During the Middle Ages, scholars grappled with the precise legal status and rights of certain groups, such as freed slaves or foreigners, as defined in ancient Roman law. While the original texts provided a foundation, their application in contemporary society required careful interpretation. A consensus emerged among the most respected legal commentators regarding the extent of these individuals' capacity to own property, enter contracts, or participate in legal proceedings.

  This demonstrates communis opinio doctorum as it highlights the collective, authoritative interpretation by legal scholars that shaped the understanding of legal personhood for specific groups, influencing legal thought and practice.