The approach to law reform and legal certainty of the classical jurists was very different from that of Justinian bureaucrats
Reached this stage of systematic construction of law, imposing a remodeling of the logical-conceptual tools available in the face of simplification, because the subtleties of legal science of the co-commentators, as well as unnecessary, became oppressive and uncomfortable.
Now that the work for which had been mobilized anyone instrumental was over it was possible to demobilize and return to the reasoning processes simple and natural. This made the legal discourse of the sixteenth century to propose the rejection of the Aristotelian-scholastic dialectic complicated and the adoption of a simplified legal dialectic, natural, close to common sense. Thus, a German jurist of the mid sixteenth century invited to address the problems of an '. Popular "accessible to the people
As the stabilization of the conceptual system was progressing and that the elaborate arguments of the commentators were being replaced by other more limiting freedom of the interpreter, it was possible to dispense with the disciplining role that "communis opinio" had played until then.
The task of finding a legal solution was run, sure enough, by the set of axioms, logically concatenated, the legal system. The possibility of hesitation between conflicting principles, so common in the system is still incomplete the commentators, with the consequent lack of security in seeking legal solutions firm, is not checked now, as the rules of law are unified in a logical system free conceptual contradictions.
Thus, it is possible to move away from invoking the "opinio communis" and replaces in its ordering function for the internal logic of the legal system.
6.3. SCHOOLS AND MODERN LEGAL late medieval
6.3.1. SCHOOL LEARNED, human or MOS GALLICUS IURA docendi
Under this designation are grouped jurists who, during the sixteenth century and especially in France they intend to reform the legal methodology of the commentators in the sense of restoring the purity of the legal texts of antiquity.
This renewal movement is linked to cultural background, philosophical, legal and social of the founding moments of modern Europe. In cultural terms, is indebted to the passion for classical antiquity typical of the Renaissance.