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How did the rediscovery of Justinian's Corpus Juris Civilis affect European law?
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Civil law
Justinian I, detail of a 6th-century mosaic at the Church of San Vitale, Ravenna, Italy.
The rediscovery of the Corpus Juris Civilis in the late 11th century, particularly at the University of Bologna, served as the foundational catalyst for the development of modern civil law in Europe.12
Its impact was transformative in several key ways:
- Academic Foundation: Scholars, known as glossators and commentators, studied these texts to derive universal legal principles, establishing a "learned law" that spread across European universities.12
- Professionalization: The study of Roman law created a demand for trained jurists and administrators, leading to the establishment of the legal profession to serve royal courts, the church, and cities.12
- Procedural Reform: The Roman-canonical system provided a superior, rational alternative to local, "irrational" methods of proof, such as trial by ordeal or battle, eventually leading to the adoption of more formal judicial procedures.12
- Systemic Unity: By providing a common stock of learning, the Corpus Juris Civilis helped form the jus commune, a shared legal tradition that unified European legal thought despite local variations.2
Ultimately, this work provided the structural and conceptual framework for the national codifications that define the civil-law tradition today.23