Despite the development of legal theory, its basic issues and difficulties remain to be addressed and resolved. On a theoretical level, there are three major issues, which are ontological and epistemological: 1)What is the ontological status of the two systems of law? 2) How can the jurist attain qualified legal knowledge? 3)What are the real logical and causal relationships between natural law and positive law? On a practical level, the main issue relates to that of the practical validity and applicability of the different systems of law. In the case of conflicts and contradictions between natural law and positive law, which system should take normative priority? The activities of the mediaeval commentators and glossators of Roman law need not be addressed separately as these eminent jurists subscribed to the general legal theory presented here, and treated Roman law as ratio scripta.65 However, the normative status and direct validity and applicability of Roman law varied throughout Europe, much in the same way as the normative status and direct validity and applicability varied for natural law. Furthermore, to give a full account of the works of the mediaeval doctores would fall outside the scope of this investigation. On a legal level, it is sufficient to credit them with the rediscovery of Roman law, the re-establishment, remodeling, reformulation, and reinvention of the juristic method adapted to the needs of mediaeval society, and finally the creation of a structured and systematic scientific investigation and analysis of law.66 On a general social level, it is sufficient to remember that to which Franz Wieacker calls attention - namely, their initiation of the process leading to the shaping of Europe into a legalistic civilization where the juristic model of thought settled social disputes: “By finding a rational principle to replace the resolution of human conflicts by force.”67 a ca l l f o r s c i e n t i f i c p u r i t y 579 65 Wieacker, History, pp. 35 and 57. 66 Ibid., History, pp. 29-46. 67 Ibid., p. 45.
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