Bio-Bibliographical Note
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Bio-bibliographical Note ABBAS PANORMITANUS Niccolo` de’ Tedeschi or Tudeschi (Catania, 1386 – Palermo, 24 February 1445) – A Benedictine, he was among the most eminent canonists of his day. A disciple of Zabarella in Bologna, he taught canon law at several studia in Parma, Siena, Bologna, and Florence, and earned the epithet Lucerna iuris. In 1435 he was at the Council of Basel, among the envoys of Pope Eugene IV, to uphold the theses through which to dismantle the council, even though in the Tractatus de concilio Basiliensi, written specifically for the occasion, he argued for the doctrine of the supremacy of the council over the pope. When Eugene IV was declared deposed by the antipope Felix V, Tedeschi allied himself with the latter, who commissioned him to draft the Decretals for the application of the decrees of the Councils of Constance and Basel. At the Diet of Frankfurt, he upheld the theses of the council against Nicholas of Cusa. Lectura super I. et II. libris Decretalium, Venetiis 1473 [Vindelini (de Spira) labore]. ABBEN EZRA Abraham ben Meir ibn Ezra (Tudela, Navarra, 1092 – Calahorra (?), 23 or 28 January 1167) – A Jewish poet, grammarian, and commentator, he travelled extensively through Europe, England, North Africa, and Palestine. Of enduring importance are his commentaries on the Bible and his edition of the Hebrew Bible. ACCURSIUS Accursio da Bagnolo (Impruneta, 1184 – Bologna, 1263) – A glossator of Floren- tine birth, he taught at the University of Bologna. He was the author of the so-called Magna Glossa, the collection of all major glosses (some 97,000 of them) issued by the School of Bologna over a century of teaching and exegesis of the Justinian texts: these glosses he organized and arranged in the margins of the legal text itself. Conceived for practical purposes, the Magna Glossa quickly became an object of study and teaching in its own right, and for centuries it remained the foundation of the European ius commune. A. Artosi et al. (eds.), Leibniz: Logico-Philosophical Puzzles in the Law: Philosophical 151 Questions and Perplexing Cases in the Law, Law and Philosophy Library 105, DOI 10.1007/978-94-007-5192-7, © Springer Science+Business Media Dordrecht 2013 152 Bio-bibliographical Note AFRICANUS Sextus Caecilius Africanus (second century AD) – A Roman jurist, he was active under the reigns of the Emperors Hadrian and Antoninus Pius. He was the pupil of Salvius Julianus and is considered a quite impenetrable writer. ALBERICUS Alberico da Rosciate (Rosciate, 1290 – Bergamo, 14 September 1354) – An Italian jurist who, upon graduating from the University of Padua, contributed to the writing of the statutes of Bergamo and stayed in close contact with the Visconti family. He served three times as ambassador in Avignon, pleading with Pope Benedict XII to revoke the interdiction issued in 1329 against Bergamo, which had sided with the antipope Nicholas V. With his Dictionarium iuris tam civilis quam canonici,in which he collected the legal terminology of the day, both civil and canonical, he essentially followed the path of Dynus da Mugello, whom Leibniz not incidentally mentioned along with Alberico. Commentaria argutissima ... super secunda parte infortiati cum summariis & numeris ante leges recenter in melius repositis necnon repertorio alphabetico ... Lugduni 1534 [excu. typis Nicolai Petit & Hectoris Penet]. ALCIATUS Andrea Alciato (Milan, 8 May 1492 – Pavia, 12 January 1550) – An Italian jurist and humanist, he was among the fathers of the so-called umanesimo giuridico (legal humanism), which – on the basis of a new historicist and philological understanding enriched by a knowledge of ancient Greek and aiming at a new classicism – sharply criticized the traditional methods of inquiry used by the jurists of the Bartolist school (its adherents the followers of Bartolus de Saxoferrato). The new method took root especially in France, coming to be known as the mos gallicus, as opposed to the mos italicus, which followed the usual way of Bartolism and the communis opinio. [1] De verborum significatione libri quattuor. Eiusdem, in tractatum eius argumenti ueterum iureconsultorum, commentaria, Lugduni 1530 [Sebastianus Gryphius Germanus excudebat]. – This book, considered Alciato’s masterwork, derives from the course he taught in Avignon (1521) and then in Bourges, and it consists in an exposition of rules of legal interpretation. [2] Commentarius in titulum juris canonici de officio ordinarii,inOpera omnia, Basileae 1558 [ex Officina Isingriniana]. [3] Parergon juris libri tres, Basileae 1538 [Hervagius]. ALEXANDER AB ALEXANDRO Alessandro d’Alessandro (Naples, 1461 – Rome, 1523) – An Italian jurist and humanist, he was an expert in ancient Roman law and studied the law of the Twelve Tables, conducting research which he published in his Dies Geniales. This work was translated into various languages by eminent European jurists. Genialium dierum libri sex, varia ac recondita eruditione referti, Lutetiae Parisiorum 1532 [apud Ioannem Petrum yub insigni D. Barbaræ]. Bio-bibliographical Note 153 ALPHENUS Publius Alphenus Varo (Cremona, first century BC) – A Roman jurist, he studied under Servius Sulpicius Rufus and wrote the essential Digesta, in forty books. This work, specifically devoted to the ius civile, was a major source for the compilers of Justinian’s Digest. ALTHUSIUS Johannes Althusius (Diedenshausen, ca. 1563 – Emden, 12 August 1638) – German jurist, philosopher, and theologian of Calvinist lineage. His Politica Methodice Digesta (1603), a revolutionary work even for its method – no longer the classic dialectical method but a dogmatic one – is considered as having laid the foundation for modern public law. Althusius was an antiabsolutist and held that the sovereign could not arbitrarily change the law, since in order for a law to be considered such, it must have in it some moral content and thus be grounded to some extent in natural law. If a statute was contrary to natural law, its moral content would legitimize the resistance of those subject to it. Dicælogicæ Libri 3 totum et universum Jus quo utimur, methodice complectentes; cum parallelis hujus et Judaici Juris, Herbornae Nassoviorum 1617 [apud Christophanum Corvinum]. ALTSTEDIUS Johann Heinrich Alsted (Mittenaar, March 1588–9 November 1638) – A German Protestant philosopher and theologian, he was for some time professor of philoso- phy and theology at Herborn, in Nassau, and afterward at Weissenburg (present-day Alba Iulia) in Transylvania, where he remained until his death in 1638. [1] Theologia naturalis, exhibens augustissimam naturae Scholam in qua creaturae Dei communi sermone ad omnes pariter docendos utuntur...Duobus libris pertrastata, (S.l.) 1623 [Apud H. Hymnium] [2] Logica theologica ostendens modum argumentandi in ss. theologiaˆ, tum in genere, tum in specie per singulos locos communes, Francoforti 1625 [typis Pauli Jacobi, sumptibus Conradi Eifridi]. ANDREAE Johann Valentin Andrea¨ (Herrenberg, 17 August 1586 – Stuttgart, 27 June 1654) – A German theologian traditionally associated with the Rosicrucians, he especially occupied himself with the reform of the schools and social institutions in the places where he held office. He became a court preacher and Konsistorialrat (concistorian counsellor) in Stuttgart. Mythologiae Christianae sive Virtutum & vitiorum vitae humanae imaginum. Libri Tres, Argentorati 1619 [Zetznerus]. ANGELUS DE PERUSIO Angelo degli Ubaldi (Perugia, 1328–1407?) – An Italian jurist, brother of Baldus, he was a professor of civil law in Perugia, Siena, Padua, and Bologna (where he taught the Digestum novum and the Infortiatum), and he also may have taught canon law in Ferrara. 154 Bio-bibliographical Note Lectura autenticorum ... additionibus novis cincta, cum summarijs hactenus non impressis & numerorum distinctione ...& una cum nova castigatione omnium errorum in alijs impressionibus non correctorum, & oculis lynceis reuisorum ... Lugduni 1536 [Excudebatur per Ioan. Moylin alias de Chambray]. ANONIMUS Evrart de Tre´maugon (13..–1386) – A doctor in utroque iure, he taught in Paris from 1369 to 1373. He was conseiller et maıˆtre des requeˆtes de l’Hoˆtel du roi (1374–1382) and then Bishop of Dol (17 October 1382–1386). Tractatus de utraque potestate seculari et ecclesiastica, qui Somnium Viridarii ab authore ipso est inscriptus. See Specimen, note b to Question VII. ANTONIUS CLARUS SYLVIUS Antoine Leclerc de la Forest (also known as Antonius Clarus Sylvius; Auxerre, 23 September 1553 – Paris, 23 January 1628) – A French scholar and theologian, formerly a Calvinist, he abjured in 1595 to enter the service of Queen Marguerite of Valois, after a period of military service under the king of Navarre. He was well- known for his eloquence, and upon pleading in Parliament on the duties of the magistrate, he was immediately offered a professorship in law. Commentarius ad leges tam regias, quam XII. Tabularum mores, et canones romani iuris antiqui. In quo explicantur eorum auctores, et tempora, causae et rationes, quae ad arcana paganae theologiae mysteria pertinent, & ad alias partes iuris, tam publici quam priuati, inde resultantes. ... Consecratus ex voto viro amplissimo Iacobo Gueslaeo ... Additi sunt ab auctore duo indices ..., Parisiis 1603 [Apud Marcum Orry ...]. APULEIUS Lucius Apuleius (Madaura, AD 125 – ca. AD 170) – A Roman writer, philosopher, rhetorician, magician, and alchemist of Platonic lineage, he studied in Carthage and Athens and was concerned himself with Esculapian and Eleusinian mysteries. He also