Part 5 (1/2)
The treatises of Aristotle on Logic, both the Old and the New, are to be read in the schools in the regular and not in the extraordinary courses On feast-days [holidays] nothing is to be read exceptthe Ethics, if one so chooses, and the fourth book of the Topics The books of Aristotle on Metaphysics or Natural Philosophy, or the abridgments of these works, are not to be read[21]
In other words, the Old and New Logic are prescribed studies; the Ethics, and Topics, Bk IV, are optional; the Metaphysics and the Natural Philosophy are forbidden
Sixteen years later (1231) the Statutes of Pope Gregory IX for the University prohibit only the Natural Philosophy, and even these works only until they are ”purged from error”:
Furthermore, we command that the Masters of Artsshall not use in Paris those books on Natural Philosophy which for a definite reason were prohibited in the provincial council [of 1210], until they have been exaed from every suspicion of error[22]
The final triumph of Aristotle in the University is indicated by the statute of the Masters of Arts in 1254[23] It must have had at least the tacit approval of the pope or his delegate The statute is too long to quote effectively to the point None of the works are forbidden, and a large number are prescribed The list of works ical treatises of the Organon; (2) Ethics, Bks I-IV; (3) Physics, On the Heavens and the Earth, Meteorologics, On Generation, On Anis, On Sleep and Waking, On Memory and Recollection, On Life and Death; (4) Metaphysics To these are added two other works then believed to be Aristotle's,--On Plants, and On Causes,--and numerous books by other authors (named on p 137) which do not concern the present discussion A coe 40 will show that nearly the whole range of Aristotle's works is prescribed Coe of view regarding the works then forbidden, but also an i of the studies of the Faculty of Arts in the course of forty years
The foregoing details are cited to give an idea of the first stage of the question of Aristotle in the universities The statute of 1254 nition of his works
The broad principle of their general acceptance had been established; thenceforward for nearly three centuries they remained the dominant studies of the Faculties of Arts everywhere
These centuries include the second period of their academic history
Their authority is now hardly questioned; and woe to the questioner!
They furnish the basis for the great structure of scholastic philosophy; they are reconciled with Christian doctrine Aristotle is thenceforward ”The Philosopher”--he is so styled even in modern scholastic philosophy; he is ”the forerunner of Christ in things natural,” ”the master of those who know” In this period, then, academic debate concerned itself with matters of detail What portions of his works should be studied for the various degrees in Arts? In what order should they be studied? What comments should be read? What translations should be used? So late as 1519 these are the chief questions considered in the refor The reader will note the stress laid upon the study of the text itself; the exclusion of frivolous comments, and the use of the latest translations by Greek scholars
Inas is more desirable than philosophy, as Cicero says, and none ranted by heaven, or will ever be given as a gift; in order that we uide Aristotle, e cause to be coe of facts, the nu, and the acumen of his intellectual powers Nor e interpret the visions and involved questions of his interpreters, since it is characteristic of a very poor intellect to groise fro, the Sophists dispute about empty trifles But his works, translated in part by Archeropylus [Argyropulos], in part by Augustus Nipho and Hermolaus Barbarus and Theodoras Gaza, will be made clear in the order outlined below:[24] [Then follows the list of books, for which see p 134]
The third stage of the debate concerning Aristotle began shortly after 1500 His works were less exclusively the subject of study: they were being displaced by the Latin and Greek classics They were, moreover, the object of repeated attack In 1536, in the University of Paris, which had so long maintained their study, Pierre Ra that Aristotle taught is false” This was only one sign of their loss of prestige New and iic absorbed the useful portions of the Organon; the authority of the Natural Philosophy waned with the rise of experimental science; that of the Metaphysics yielded to the new philosophy of Descartes By the end of the seventeenth century they ceased to be a potent factor in university studies
(b) _The Roreat compilation of the Roman Lan as the _Corpus Juris Civilis_ (Body of Civil Law) constitutes a second important addition of the twelfth century to the field of university studies It was probably rowth of universities than the works of Aristotle
The greater part of the Corpus Juris was compiled at Constantinople, 529-533 AD, by certain eminent jurists under the Roman Emperor, Justinian The purpose of the as to reduce to order and haral opinions, and to furnish a standard body of laws of eable size in place of the unwieldly mass of incorrect texts commonly in use, so that ”the entire ancient law, in a state of confusion for some fourteen hundred years and now by us made clear,left outside it” The jurists entrusted with this ere also required to prepare an introductory book for students, as described below After the completion of the whole work Justinian issued (533-565) many new statutes (Novellae) which were never officially collected, but which came to be considered a part of the Corpus Juris The main divisions of the Body of Civil Law are--
(1) The Code, in twelve books, which contains statutes of the Emperors from the third century AD
Since [says Justinian] we find the whole course of our statutesto be in a state of such confusion that they reach to an infinite length and surpass the bounds of all huinning with the most sacred Emperors of old times, to amend their statutes, and to put theether in one book, and, being divested of all superfluous repetition and ht afford to all mankind the ready resource of their unalloyed character[25]
(2) The Digest, or Pandects, in fifty books, containing extracts froal questions
This as also undertaken to bring order and har confusion:
We have entrusted the entire task to Tribonianus, a uished man, Master of the Offices, ex-quaestor of our sacred palace, and ex-consul, and we have laid on him the whole service of the enterprise described, so that with other illustrious and learned colleagues he ether and to submit to certain modifications the very hly intermixed and broken up as they may almost be called
But in the midst of our careful researches, it was intimated to us by the said exalted person that there were nearly two thousand books written by the old lawyers, and more than three million lines were left us by them, all of which it was requisite to read and carefully consider and out of theht be best [This was accoreat iuities were settled, without any refractory passage being left[26]
In est is frequently mentioned in three divisions, which probably indicate three separate instalna in the eleventh and twelfth centuries: the Old Digest (Digestum Vetus) Bks I-XXIV, title ii, Infortiatuest (Digestu of the term Infortiatum is uncertain
This distinction between the various parts of the Digest is purely arbitrary The division inated in an accidental separation of some archetypal MS[27]
(3) The Institutes, in four books, an elementary text-book for students
The purpose of the book was to afford a simple, clear, and trustworthy introduction to the study of law, and to econoht into perfect harmony the hitherto confused mass of imperial constitutions (ie the Code), we then extended our care to the vast volu as it were across the h the favour of heaven, a work that once see of God this task was accomplished, we summoned the most eether with the illustrious Theophilus and Dorotheus, professors of law, all of whoal knowledge, and obedience to our orders; and we have specially charged them to compose, under our authority and advice, Institutes, so that you may no more learn the first elements of law from old and erroneous sources, but apprehend theht of imperial wisdo that is useless or misplaced, but only what obtains in actual practice So that, whereas, formerly, the junior students could scarcely, after three years' study, read the imperial constitutions, youtheht worthy of an honour and a happiness so great that the first and last lessons in the knowledge of the law should issue for you from the mouth of the emperor
When, therefore, by the assistance of the same eminent person Tribonian and that of other illustrious and learned ests or Pandects, in which is collected the whole ancient lae directed that these Institutes should be divided into four books, which ht serve as the first elements of the whole science of law