JUSTYNIAŃSKIE DIGESTA JAKO INSPIRACJA ARGUMENTACJI PRAWNICZEJ. OD KÓRNICKIEGO RĘKOPISU DIGESTÓW PO WSPÓŁCZESNE SPORY O GRANICE INTERPRETACJI
JUSTINIAN’S DIGESTA AS AN INSPIRATION FOR LEGAL ARGUMENTATION. FROM THE KÓRNIK MANUSCRIPT OF THE DIGEST TO THE CONTEMPORARY DISPUTES ON THE BORDERS OF INTERPRETATION

Summary/Abstract: The manuscript of Justinian’s Digest from the late decades of the 12th century belongs to the most precious items kept by the Kórnik Library. This paper presents an analysis of the relationship between the European legal tradition and the still important issue of the boundaries of legal interpretation, based on the manuscript. The author’s starting point was the contradiction between the prohibition of the interpretation of the Digest as imposed by Justinian and the opinions of classical Roman jurists confirming the significant role of interpretation in law which are collected in the Digest. The first part of the paper contains an analysis of glosses to Justinian’s prohibition in his constitution Omnem and glosses to the concept of interpretation at the beginning of the second title of Justinian’s Digest in the manuscript and in the later collection of the glossators’ output (Glossa Magna). Opinions of leading European jurists from between the 14th and the 19th centuries associated with Justinian’s Digest and related to the boundaries and methods of legal interpretation are discussed in the second part of the paper. Both fields of legal experience show a similar trend of strengthening the role and flexibility of legal interpretation. The relationship between the 12thcentury manuscript and the specific position of jurists in modern European societies is perceptible.

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