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Updated: June 5, 2025
One the early forms of instituting an heir was a sale of the familia or headship of the family to the intended heir, with all its rights and duties. /3/ This sale of the universitas was afterwards extended beyond the case of inheritance to that of bankruptcy, when it was desired to put the bankrupt's property into the hands of a trustee for distribution.
A University in this sense, regarded as an aggregate of persons, might be localized or it might not; its members might be scattered over the whole Christian world, or they might constitute an inner circle of some larger community, of which they though a Universitas- formed but a part. A University in its original signification meant no more than our modern term an Association.
Without this fact there is no university of rights and duties. The expression universitas juris is not classical, but for the notion jurisprudence is exclusively indebted to Roman law; nor is it at all difficult to seize. We must endeavour to collect under one conception the whole set of legal relations in which each one of us stands to the rest of the world.
These, whatever be their character and composition, make up together a universitas juris; and there is but little danger of mistake in forming the notion, if we are only careful to remember that duties enter into it quite as much as rights. Our duties may overbalance our rights.
Nay! when the whole body of the faithful is appealed to as Christian men, the ordinary phrase made use of by lay or ecclesiastical potentate, when signifying his wishes or intentions, is "Noverit Universitas vestra."
The community being a continuation of the gens, it inherited all its functions. It was the universitas, the mir a world in itself. Common hunting, common fishing, and common culture of the orchards or the plantations of fruit trees was the rule with the old gentes. Common agriculture became the rule in the barbarian village communities.
By degrees they banded themselves into a society, which, as its end was the knowledge of all things knowable, called itself a "Studium Generale;" and when it had grown into a recognised corporation, acquired the name of "Universitas Studii Generalis," which, mark you, means not a "Useful Knowledge Society," but a "Knowledge-of-things-in-general Society."
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