At present, the research and translation of the history of medieval universities in my country have been widely discussed on the birth of the university and their institutional background,But the research on the perspective of law history is still weaker。For example,What institutional environment caused Middle Ages to stand out in the competition of higher education institutions at that time,even have the crushing advantage and imitate later generations? How to obtain institutional guarantee for the legal person's property and autonomous status of medieval universities?、State State or Autonomous City and its alliances cannot start a university,and the church is its dominant promotion force? etc。
The university system is the unique product of the Middle Ages。As a comparison is,East Roman -Byzantine Empire in the same period of the same period, although there are many higher education institutions,But they are either official,Either a private school museum。Despite the research on Byzantine, the word "University of Constantinical" often encounters the words ",But it is not a university in the real sense,and only equivalent to higher officials。The Eastern Roman Empire even in its heyday,Such as the Macedonian Dynasty (867—1057),It is impossible to bred a real university without it; of course, Islam or the Chinese civilization system does not have a institutional environment that universities can breed and prosper。
Universitas is a special form of the medieval guild,Universitas Personarum,This nature and its organizational bet365 best casino games structure and governance methods are important reasons for the rise of universities。But what I need to ask is,University's legal person property、Collection、Governance and even the personal safety of teachers and students can be generally preserved in political disputes and even the vassal war without being violated? If these elements are not fully guaranteed,If the university teachers and students can be passively dealt with or even affected their families for their political stance,Limited to personal freedom due to debt joints,or simply cause the legal person to be ordered to dissolve,It is impossible for a university to get a stable inheritance,Its institutional model cannot be inherited and promoted by future generations,It is even impossible to win in the competition of the medieval education system and eventually occupy an overwhelming advantage。
The existing research fully shows that the creation and autonomous power of the Medieval University first comes from the protection and specifications of the church。But the Middle Ages lasted a long time,Why didn't the university appear before the 12th century? The University of Bologna, which was born in 1088, is the first university,But modern scholars are more inclined to think that this traceability year is far -fetched。If the official establishment of the legal person and the franchise is taken as a decisive indicator,It was born in 1252 (Jacques Verger)。Because of this,Some people think that the University of Paris created in 1208 is the first real university。This analysis is not trivial entanglement,Instead, this fact is to clarify that the university only emerged after the 12th century。This time period is accidental,Still there Bet365 app download are inherent reasons,Drying is major。This article will indicate,It is the transformation of the Binary system and church law that the binary system and church law triggered by Giriger Gaoli reform.。
Griger Gaoli Reform has attracted attention in my country's academic circles.,It believes that the reform of Grie Gaoli is the first revolution in the history of Western legal system,Since then,The church began to become another relatively independent authoritative system for the secular power of the monarchy。But he did not fully notice the constructive significance of the constructing of this reform and the construction of the church law system it triggered。As a comparison is,French historian Jean Gaudemet keenly pointed out,After the reform of the church reform, the two yuan coexistence of the binary coexistence and its dual legal jurisdiction of the jurisdiction of the university formed by the church government (Status Ecclesiae) have a decisive significance for the birth of the university。Obviously,If the church is still attached to the kingdom government as before,Lack of independence,The function of promoting and guaranteeing the university in the church method is empty talk。
The church law after the reform of the Grigeria reform is at least three aspects of the promotion of the university system。First,Middle Ages is the era of concessions,In this social atmosphere, the church has also issued a lot of franchise,If a university franchise。The university obtaining a franchise means that it has a legal person in the church law (so today),At the same time, it also has the protection of the church law。Anti -infringement of college legal persons and their teachers and students' rights and interests may be sanctions such bet365 live casino games as interdict。Ban punishment is a penalty category in the church law,Mainly refers to the prohibition of the sacrament such as participating in the mass of the Mass and the Eucharist。A ban can be implemented in connection,When punished the prince and aristocracy, the nations can be received by the country.。The deterrence of such sanctions in the Middle Ages is extremely great,Wang Gongquan's expensive can cause political adverse,and ordinary people are equivalent to being in a regular social death,Daily matters such as marriage and funeral will be affected。It is not difficult to understand,If there is no such institutional environment,University's autonomy and its relatively independent status cannot obtain realistic guarantee,This also explains why the basic reasons for universities can not appear in the Orthodox region and even other civilized circles。
Second,The construction of the church law system directly triggered the non -personalization and publicization of EcclSiaStical Office,This directly promotes the stability of the church's credit and fiscal ability。without this premise,It is impossible for universities to be born and promoted。Berman said Grim Li Li's reform has made the church the first modern official department in Europe,This word may cause some controversy,But it contains considerable inspirational value。As a comparison is,The secular government of the Middle Ages is deeply trapped in the feudal system,The privatization of power is common and legitimate,The royal marriage、Land rewards or trading will directly trigger instability in the jurisdiction subject and region,Personalization of power and governance、Government credit and fiscal capabilities also bet365 best casino games lack stability,So they cannot become the dominant force of the establishment and maintaining university,Naples University (created in 1224) and other aquarium fate confirmed this opportunity。
third,University is essentially higher education institutions,Teachers、Shengyuan、Curriculum system and academic qualifications are the most direct indicators and factor for their survival and development。Compared with Hyundai University,It is in a teacher、Source source and even graduate work are highly international,such as the University of Paris、Oxford University, etc.。So,If the college degree is not recognized in Europe,It has no value for study,It is impossible to have a stable source of students,Even there may be problems with survival。So,An international institution that can endorse the endorsement throughout Europe is very necessary。and the Church's integrated system and its enhanced international consciousness and the corresponding church law system arrangements after the Gridgelva reform provides this possible。If you consider that a large number of talents among graduates have been promoted as clergy and chiefs,The function of the Holy See's endorsement is not difficult to understand。Otherwise, we cannot understand why the creation of the University of Ruwin University is the result of the petition of the local nobles to the Holy See,Because the authentication endorsement function of the international education certification system and curriculum specification system for universities is the unable to provide,Only highly integrated church and church law institutionalized operation has this condition。
Although it seems today,Medieval University and bet365 best casino games its system also have various deficiencies,Ru military、Navigation、Architecture、Mechanical、Animal Husbandry、Fiscal and taxation and other practical fields have not entered the formal curriculum system (the assertion that believes that economic and social needs are the fundamental motivation to promote the creation and development of universities, so it lacks convincing),But there is no doubt,Medieval University is not the continuation of the previous official learning,but a revolution in the dissemination and cultivation paradigm of higher learning,It has epoch -making significance in the history of human civilization。
Very true,Medieval University is not a paradise,Its development history is also long and twists and turns,Even the situation that involved in political struggle,If the church is divided、Disputes of the Pope and Emperor Party, etc.,But in general,(Society) Autonomy constitutes the outstanding feature of the university,This is also inherited by later modern universities。So,Humboldt University regards university autonomy and academic freedom as its basic principles,It is difficult to say that it is the product of the so -called Prussian national spirit,It is rather the inheritance and development of the traditional medieval tradition。
In short,The development and advancement of the Medieval University system is inseparable from the support of the secular authorities,Dan Guli Gaoli reforms caused by the reform of European society and legal systems are the more fundamental factor。If there is no government -church and secular law -the dual jurisdiction of the church law,There is no early college breeding environment,It is also impossible to have the principles of the government bet365 live casino games and university power。At the same time,Research on the history of early university also shows what future generations are the basic institutional elements that promote and ensure academic prosperity and scientific research creativity。
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(Author Unit: School of Law of Qufu Normal University)
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