Scipione Gentili
Encyclopedia
Scipione Gentili (1563 – August 7, 1616) was an Italian
law professor and a legal writer. One of his six brothers was Alberico Gentili
who is famous as one of the founders of public international law.
Born at San Ginesio
, Scipione Gentili left Italy at the age of 16 when he had to emigrate together with his father and his brother Alberico due to their Protestant beliefs. While his brother and his father settled in England, Scipione spent his life in Germany. He studied law at the universities of Tübingen, Wittenberg, Leiden, Heidelberg and Basel
. He reached the doctorate in 1589 and started to teach law at the university of Heidelberg. Due to quarrels with his Italian compatriot Giulio Pace
he left Heidelberg and went to the university
at Altdorf bei Nürnberg
, Germany. There the famous jurist Hugues Doneau
(Hugo Donellus, 1527—1591) who had been among his teachers at Leiden procured him a professorship. Scipione kept this office until his death.
While Alberico Gentili was—at least at the outset of his career—a staunch supporter of the traditional bartolist
method of legal interpretation, Scipione was influenced by French jurists like Doneau and Jacques Cujas
, who applied the methods of humanist
philology to legal texts. Gentili's work—which fills eight quarto volumes in the 1763 edition— comprises not only legal writings. He also wrote commentaries on St. Paul
's Epistle to Philemon
, and on the Apologia of Lucius Apuleius as well as a translation into Latin of and Annotazioni (in Italian) on Torquato Tasso
's epic Gerusalemme liberata. Among his legal works are two voluminous treatises De donationibus inter virum et uxorem (on donations between husband and wife, which were illegal and void under Roman law) and De jurisdictione (on jurisdiction). Gentili also edited the final part of Doneau's Commentarii de Iure Civili thereby securing the completion of this influential work which the author had not been able to finish before his death. Gentili rendered a similar service to his brother Alberico whose Hispanica Advocatio he edited in 1613.
During his lifetime Scipione Gentili was held in high esteem all over Europe. His fame probably even surpassed that of his brother. Pope Clement VIII is said to have offered him the possibility to return to Italy and to teach at Bologna
without having to give up his Protestant beliefs—an offer which Gentili did not accept. However, after his death, Scipione Gentili was quickly forgotten. Unlike his brother Alberico, who was re-discovered in the 19th century, Scipione Gentili is still waiting for a re-evaluation of his work.
Italy
Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...
law professor and a legal writer. One of his six brothers was Alberico Gentili
Alberico Gentili
Alberico Gentili was an Italian jurist. He left Italy due to his Protestant faith, travelled in Central Europe, and emigrated to England. In 1580 he became regius professor of civil law at the University of Oxford...
who is famous as one of the founders of public international law.
Born at San Ginesio
San Ginesio
San Ginesio is a comune in the Province of Macerata in the Italian region Marche, located about 60 km southwest of Ancona and about 25 km southwest of Macerata...
, Scipione Gentili left Italy at the age of 16 when he had to emigrate together with his father and his brother Alberico due to their Protestant beliefs. While his brother and his father settled in England, Scipione spent his life in Germany. He studied law at the universities of Tübingen, Wittenberg, Leiden, Heidelberg and Basel
University of Basel
The University of Basel is located in Basel, Switzerland, and is considered to be one of leading universities in the country...
. He reached the doctorate in 1589 and started to teach law at the university of Heidelberg. Due to quarrels with his Italian compatriot Giulio Pace
Giulio Pace
Giulio Pace of Beriga was a well-known Italian Aristotelian scholar and jurist.-Life:He was born in Vicenza, Italy, and studied law and philosophy in Padua....
he left Heidelberg and went to the university
University of Altdorf
The University of Altdorf was a university in Altdorf bei Nürnberg, a small town outside Nuremberg. It was founded in the late 16th century, received university privileges in 1622 and was closed in 1809 by Maximilian I Joseph of Bavaria....
at Altdorf bei Nürnberg
Altdorf bei Nürnberg
Altdorf bei Nürnberg is a town in south-eastern Germany. It is situated 25 km east of Nuremberg, in the district Nürnberger Land. Its name literally means Altdorf near Nuremberg, to distinguish it from other Altdorfs.-History:...
, Germany. There the famous jurist Hugues Doneau
Hugues Doneau
Hugues Doneau, commonly referred also by the Latin form Hugo Donellus , was a French law professor and one of the leading representatives of French legal humanism ....
(Hugo Donellus, 1527—1591) who had been among his teachers at Leiden procured him a professorship. Scipione kept this office until his death.
While Alberico Gentili was—at least at the outset of his career—a staunch supporter of the traditional bartolist
Bartolus de Saxoferrato
Bartolus de Saxoferrato was an Italian law professor and one of the most prominent continental jurists of Medieval Roman Law. He belonged to the school known as the commentators or postglossators...
method of legal interpretation, Scipione was influenced by French jurists like Doneau and Jacques Cujas
Jacques Cujas
Jacques Cujas was a French legal expert. He was prominent among the legal humanists or mos gallicus school, which sought to abandon the work of the medieval Commentators and concentrate on ascertaining the correct text and social context of the original works of Roman law.He was born at...
, who applied the methods of humanist
Renaissance humanism
Renaissance humanism was an activity of cultural and educational reform engaged by scholars, writers, and civic leaders who are today known as Renaissance humanists. It developed during the fourteenth and the beginning of the fifteenth centuries, and was a response to the challenge of Mediæval...
philology to legal texts. Gentili's work—which fills eight quarto volumes in the 1763 edition— comprises not only legal writings. He also wrote commentaries on St. Paul
Paul of Tarsus
Paul the Apostle , also known as Saul of Tarsus, is described in the Christian New Testament as one of the most influential early Christian missionaries, with the writings ascribed to him by the church forming a considerable portion of the New Testament...
's Epistle to Philemon
Epistle to Philemon
Paul's Epistle to Philemon, usually referred to simply as Philemon, is a prison letter to Philemon from Paul of Tarsus. Philemon was a leader in the Colossian church. This letter, which is one of the books of the New Testament, deals with forgiveness.Philemon was a wealthy Christian of the house...
, and on the Apologia of Lucius Apuleius as well as a translation into Latin of and Annotazioni (in Italian) on Torquato Tasso
Torquato Tasso
Torquato Tasso was an Italian poet of the 16th century, best known for his poem La Gerusalemme liberata , in which he depicts a highly imaginative version of the combats between Christians and Muslims at the end of the First Crusade, during the siege of Jerusalem...
's epic Gerusalemme liberata. Among his legal works are two voluminous treatises De donationibus inter virum et uxorem (on donations between husband and wife, which were illegal and void under Roman law) and De jurisdictione (on jurisdiction). Gentili also edited the final part of Doneau's Commentarii de Iure Civili thereby securing the completion of this influential work which the author had not been able to finish before his death. Gentili rendered a similar service to his brother Alberico whose Hispanica Advocatio he edited in 1613.
During his lifetime Scipione Gentili was held in high esteem all over Europe. His fame probably even surpassed that of his brother. Pope Clement VIII is said to have offered him the possibility to return to Italy and to teach at Bologna
Bologna
Bologna is the capital city of Emilia-Romagna, in the Po Valley of Northern Italy. The city lies between the Po River and the Apennine Mountains, more specifically, between the Reno River and the Savena River. Bologna is a lively and cosmopolitan Italian college city, with spectacular history,...
without having to give up his Protestant beliefs—an offer which Gentili did not accept. However, after his death, Scipione Gentili was quickly forgotten. Unlike his brother Alberico, who was re-discovered in the 19th century, Scipione Gentili is still waiting for a re-evaluation of his work.