The authors aim to challenge the prevailing view among legal historians that the medieval legal tradition was characterized by fundamental uniformity. Instead, we argue that the medieval millennium witnessed at least one moment of profound rupture – one that decisively shaped the trajectory of European legal history. This critical moment can be located in the century span- ning from the mid-eleventh to the mid-12th century. The first section (Loschiavo) examines how this historiographical perspective has evolved over recent decades. The second section (Conte), likewise beginning with a reassessment of both older and more recent interpretations, focuses on the field of canon law. The Gregorian Reform introduced decisive innovations, particularly a renewed emphasis on the authority and reliability of texts – especially normative texts, which were now placed above, rather than alongside, the many and often highly diverse customary laws. These developments significantly affected both the compilation and systematic organi- zation of the Church’s vast body of norms, as well as the techniques of legal interpretation. To illustrate the practical repercussions of this new intellectual approach, two exemplary cases will be analyzed: the debate at Gerstungen (1085) and the recently rediscovered mosaic in the Church of San Savino in Piacenza, datable to the early decades of the twelfth century. Attention will also be devoted to the famous case of Marturi (1076), which represents the first practical ap- plication of the Digest after centuries of absence from the courts. The third and final part of the essay (Loschiavo) elucidate the pivotal role played by Irnerius at the turn of the twelfth century. His work was characterized, first and foremost, by the decision to focus his teaching exclusively on the rediscovered texts of Justinian’s law, setting aside particularistic legal traditions. More importantly, as both a philologist and a jurist, Irnerius proposed a new approach to ancient legal texts, introducing a conception of legal order based on the autonomy of juridical knowledge – an unprecedented innovation compared to the theological and wisdom-based legal framework that had dominated up to that point.
Conte, E., Loschiavo, L. (2026). The turning point in half a century. The legal revolution of Gregory VII, Irnerius, and his followers. In In Search of the High Middle Ages. Change and Continuity in 11th-12th-century Italy, (pp. 59-85) [10.36253/979-12-215-1076-8.04].
The turning point in half a century. The legal revolution of Gregory VII, Irnerius, and his followers
Emanuele Conte
;Luca Loschiavo
2026-01-01
Abstract
The authors aim to challenge the prevailing view among legal historians that the medieval legal tradition was characterized by fundamental uniformity. Instead, we argue that the medieval millennium witnessed at least one moment of profound rupture – one that decisively shaped the trajectory of European legal history. This critical moment can be located in the century span- ning from the mid-eleventh to the mid-12th century. The first section (Loschiavo) examines how this historiographical perspective has evolved over recent decades. The second section (Conte), likewise beginning with a reassessment of both older and more recent interpretations, focuses on the field of canon law. The Gregorian Reform introduced decisive innovations, particularly a renewed emphasis on the authority and reliability of texts – especially normative texts, which were now placed above, rather than alongside, the many and often highly diverse customary laws. These developments significantly affected both the compilation and systematic organi- zation of the Church’s vast body of norms, as well as the techniques of legal interpretation. To illustrate the practical repercussions of this new intellectual approach, two exemplary cases will be analyzed: the debate at Gerstungen (1085) and the recently rediscovered mosaic in the Church of San Savino in Piacenza, datable to the early decades of the twelfth century. Attention will also be devoted to the famous case of Marturi (1076), which represents the first practical ap- plication of the Digest after centuries of absence from the courts. The third and final part of the essay (Loschiavo) elucidate the pivotal role played by Irnerius at the turn of the twelfth century. His work was characterized, first and foremost, by the decision to focus his teaching exclusively on the rediscovered texts of Justinian’s law, setting aside particularistic legal traditions. More importantly, as both a philologist and a jurist, Irnerius proposed a new approach to ancient legal texts, introducing a conception of legal order based on the autonomy of juridical knowledge – an unprecedented innovation compared to the theological and wisdom-based legal framework that had dominated up to that point.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
