Fortiter in re, suaviter in modo
“Strong in principle, gentle in approach”

by Prof. Dr Christine Godt

The HLS motto was coined by Prof. Dr (emeritus) Daamian Meuwissen, who was Professor of Legal Philosophy at the University of Groningen at the time of the HLS’s foundation. His vision was a Europe built from the bottom up. He was convinced that the methodology of legal education, too, had to be adapted accordingly. Comparative law was to become the leading discipline, imparting an understanding of the differences between legal cultures in Europe. Unlike the traditional technique of legal opinion-writing, lawyers would need to be trained not only to reflect on the ‘prevailing opinion’ and minority views, but also to juxtapose different ‘prevailing opinions’ from different countries in a reasoned manner and, where there is doubt, to be able to develop ‘middle-ground solutions’. His focus was on an understanding of ‘European compromises’ and on tolerating different solutions. Lawyers should not merely learn how a judge ‘decides’ a conflict. His aim was to develop a methodology for addressing jurisdictional differences and for arguing in favour of ‘moderate-scope solutions’.

With this motto, he draws on the example of Claudio Aquaviva. This Jesuit was the founder of the first academic regulations of the Enlightenment. Aquaviva had joined the Order in 1568 at the age of 25, when it had been in existence for only 45 years. In 1581, at the age of 34, he assumed the office of ‘Secretary-General’ and held it for 34 years until his death in 1615. Aquaviva was a reformer. As an Italian, he was the first to take charge of the Order, which was then dominated by Spaniards. He put Ignatius of Loyola’s Enlightenment-inspired reform ideas into practice and initiated the first humanist curriculum. Previously, education in the monasteries had been strictly focused on theology. Claudio Aquaviva developed a curriculum suited to the Enlightenment. It comprised three pillars: (1) Alongside theology, he established logic as the foundation of intellectual training. (2) He introduced the natural sciences (mathematics, astronomy, physics) as new subjects. (3) He elevated philosophy to a discipline of equal standing alongside theology. This programme became the mission statement for European education. It proved to be ‘strong in substance’: ‘fortiter in re’

Aquaviva implemented this idea in a gentle manner: ‘suaviter in modo’. First, in 1584, he established an international committee of experts, which spent two years drawing up an initial draft of a new curriculum (the ‘Ratio Studiorum’). The committee comprised a Spaniard (Johann Azor), a Portuguese (Gaspar González), a Scot (James Tyrie), a Dutchman (Peter Busée), a Flemishman (Anthony Ghuse) and a Sicilian (Stephan Tucci). From 1586 onwards, Aquaviva had this draft discussed in the Order’s colleges for 11 years. In this way, the revolutionary idea slowly permeated the Order. It was this discursive process that helped the idea to prevail. The Hanse Law School stands alongside state examination training with comparable self-assurance. Unlike the Jesuit Order, the HLS is not geared towards a broad transformation of legal education. The motto of the Hanse Law School, ‘Fortiter in re, suaviter in modo’ (‘Strong in substance, gentle in approach’), coined by Prof. Dr Christine Godt, reflects this. It focuses solely on training for a pluralistic, European, globalised world. It positions itself as a complement to the state examination programme. It aims to broaden professional profiles and methodological approaches. The new methodology rests on three pillars: alongside comparative law and a sound grounding in European law, there is training in national law (in this case, German law) and the relativisation of the legal worldview through interdisciplinarity.

There are three reasons why Damiaan Meuwissen proposed the motto of the Jesuit Aquaviva as the HLS motto. Firstly, the University of Groningen was originally intended to be a Jesuit foundation, but was then caught up in the turmoil of the Reformation, until it finally opened in 1614 under its founding rector, Ubbo Emmius, a Protestant Reformed theologian. Secondly, as a historical figure, Ubbo Emmius links the cities of Bremen, Oldenburg and Groningen. Emmius was born in Greetsiel in 1547, attended Latin school in Emden, and went to grammar school in Bremen until, in 1596, he was appointed as a teacher and headmaster of the grammar school in Groningen, where he died at an advanced age in 1625. Thirdly: The religious conflict of that time bears similarities to today’s social upheavals. They have profound socio-economic causes. The consequences can only be overcome through education and a focus on people.