The 11th century:
incipit Irnerius

Irnerius, lucerna iuris
Universitas libera magistrorum
discipulorumque consociatio
adaliquam disciplinam certis
finibus circumscriptam
pervestigandam, ubi magister,
dum quaerit, docet.
Bononiae saeculo XI exeunte
logicae, grammaticae,
rhetoricae magistri iuri
studere coeperunt.
Irnerius, "lucerna iuris", leges
Romanas glossis interpretatur.

When was the University of Bologna created? It is difficult to establish when an institution similar to what we now call a "university" was first born in Europe. Let us first set out what we mean by "university": (i) a place where a scholar traces the outlines of a discipline and within this framework carries out precise research for the sake of knowledge; (ii) a scholar, while carrying out his research, transmits his knowledge to a group of pupils who follow him freely, this being done outside any other official institution whether of the Church or the State; (iii) society may, if necessary, turn to this centre of research to exploit; its knowledge for practical ends. Is it possible to maintain that these conditions existed in Bologna in the eleventh century? Although traditions vary and early documents are unreliable, 1088 may be accepted as a conventional date to indicate when teaching became free and independent of ecclesiastic schools in Bologna. It is towards the turn of the eleventh century, in fact, that masters of Grammar, Rhetoric and logic begin to study Law in Bologna. The first scholar traditionally mentioned is Pepo, who gathered and made commentaries on the texts of Roman Law. If there is, however, little reliable historical knowledge of Pepo, what is known of Irnerius or Wernerius is better documented. His ordering of Roman legal documents it was not confined to Bologna but extended to a very wide area of central and northern Italy. Irnerius's methods marks a turning point in the history of Law studies, although if has not yet been ascertained whether he was the real author of those works which were attributed to him in the past, works such as the Quaestiones de iuris subtilitatibus and the Summa Codicis . Two centuries later Odofredus stated that Irnerius, while "studying for himself", was the first to pass on his research through his teaching. Irnerius was a master of the glossa, or commentary. Although he was not the first person to write glossae, undoubtedly those who followed his lessons freely made notes of the great master's interpretations in the margins of the ancient texts. With Irnerius we find the establishment of Law as an autonomous discipline, to be studied with precise methods. We know very little about Irnerius. He was later called "lucerna juris" (the light or the lamp of Law). His activity was recognised by Countess Matilda of Tuscany who then governed Italy as Vice-Regent in the name of Emperor Henry V. The only thing that is certain is that Irnerius handled some legal matters for Matilda, as is testified by many placita (documents relating to the legal decision of the sovereign or one of his representatives). The name Irnerius appears in these placita, so his existence can be proven historically by documents.

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