Concept of education

Classified in Philosophy and ethics

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The right, therefore, ceases to be all done in the sources of law (written or legal) which only need to go looking for him, the remedy should be in every moment by a specific and accurate research technique (ars inveniendi) that gives a large role in speech research and casuistic.

5.4.1.2. Factors related to the nature of the medieval system of legal sources

The explanation for the emergence of legal knowledge addresses the philosophical factors and how to be the system of legal sources  must take into account the special place occupied by the Justinian law, before which the lawyers were in a state of complete dependence theory.

The most striking features and original method of commentators were faithful to the text Justinian and dispersed analytical and legal and scientific literature, the work of jurists consisted of an independent analysis of each legal text, carried out on progress "reading>>

This conception of knowledge as a purely legal interpretation is often associated with "spiritual attitude typical of the Middle Ages", prone to accepting respectful of the authorities, whether they were religious, and philosophical or legal. The evolution of European life by not consenting to an end as absolute and exclusive respect to texts Romanist. To the commentators and the commentators, the Justinian legal order represented a nearly unshakable fact, a value of authority because it was derived from the authority itself, law


That the medieval jurists attributed to the whole Corpus iuris civilis  the task of updating and systematization was held in a fixed order for authority to appear, from the formal point of view, as a mere interpretation.

5.5.1.3. Institutional factors

The law becomes a difficult task, with logical-dialectical rules to be observed and a bit complicated concepts. The legal function requires a complex theoretical learning that is acquired only with practice and therefore require a law school. The spontaneity of practice theoretical learning will happen in colleges. In these schools multiplied by European legal education is the most relevant and important in the evolution of law and the evolution of society itself.

The methodology applied to the work "interpretation" of the commentators called for the use of logical-dialectical tools sophisticated, grown in proximity facilitated the medieval universities, import them to the legal methodology of philosophers, logicians and theologians of the faculties of Arts and Theology.

The argumentative nature and commonplace that it recognizes the legal knowledge was influenced by the medieval practice of discussion within universities.

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