Corpus Juris Civilis
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Body of Civil Law Corpus Juris Civilis | |
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Eastern Roman Empire | |
Enacted by | Petrus Sabbatius Iustinianus Augustus, Roman emperor |
Effective | 534 |
Introduced by | John the Cappadocian, Tribonian |
The Corpus Juris (or Iuris) Civilis ("Body of Civil Law") is the modern name
The work as planned had three parts: the Code (Codex) is a compilation, by selection and extraction, of imperial enactments to date; the Digest or Pandects (the Latin title contains both Digesta and Pandectae) is an encyclopedia composed of mostly brief extracts from the writings of Roman jurists; and the Institutes (Institutiones) is a student textbook, mainly introducing the Code, although it has important conceptual elements that are less developed in the Code or the Digest.[2] All three parts, even the textbook, were given force of law. They were intended to be, together, the sole source of law; reference to any other source, including the original texts from which the Code and the Digest had been taken, was forbidden. Nonetheless, Justinian found himself having to enact further laws; today these are counted as a fourth part of the Corpus, the Novellae Constitutiones (Novels, literally New Laws).
The work was directed by
The Corpus Juris Civilis was revised into Greek, when that became the predominant language of the Eastern Roman Empire, and continued to form the basis of the empire's laws, the
Compilation process
Justinian acceded to the imperial throne in Constantinople in 527.[4] Six months after his accession, in order to reduce the great number of imperial constitutions and thus also the number of court proceedings, Justinian arranged for the creation of a new collection of imperial constitutions (Codex Iustinianus).[4] The commission in charge of the compilation process was explicitly authorized to leave out or change text and to delete what was obsolete or contradictory.[4] Soon, in 529, the Codex was completed and was conferred the force of law in the whole empire, replacing all earlier constitutions and the Codex Theodosianus.[4]
A little more than a year after the enactment of the first edition of the Code, Justinian appointed a commission headed by Tribonian to compile the traditional jurists' law in a new, shortened and contemporary codification: the 'Digest or Pandects'.[4] The traditional collection of jurists' law, Justinian believed, was so extensive that it had become unmanageable, necessitating a new compilation. The commission completed its work within three years, in 533.[4]
Tribonian's commission surveyed the works of classical jurists who were assumed in Justinian's time to have the authority to clarify law (ius respondendi) and whose works were still available.[4] In total, there are excerpts from 38 jurists in the Digest.[4]
The four parts
Codex
The "Codex Justinianus", "Codex Justinianeus" or "Codex Justiniani" (Latin for "Justinian's Code") was the first part to be finished, on 7 April 529. It contained in Latin most of the existing imperial constitutiones (imperial pronouncements having force of law), back to the time of Hadrian. It used both the Codex Theodosianus and the fourth-century collections embodied in the Codex Gregorianus and Codex Hermogenianus, which provided the model for division into books that were themselves divided into titles. These works had developed authoritative standing.[5] This first edition is now lost; a second edition was issued in 534 and is the text that has survived. At least the second edition contained some of Justinian's own legislation, including some legislation in Greek. It is not known whether he intended there to be further editions, although he did envisage translation of Latin enactments into Greek.
Legislation about religion
Numerous provisions served to secure the status of Christianity as the
Laws against heresy
The very first law in the Codex requires all persons under the jurisdiction of the Empire to hold the Christian faith. This was primarily aimed at heresies such as Nestorianism. This text later became the springboard for discussions of international law, especially the question of just what persons are under the jurisdiction of a given state or legal system.
Laws against paganism
Other laws, while not aimed at pagan belief as such, forbid particular pagan practices. For example, it is provided that all persons present at a pagan sacrifice may be indicted as if for murder.
Digesta
The Digesta or Pandectae, completed in 533, is a collection of juristic writings, mostly dating back to the second and third centuries. Fragments were taken out of various legal treatises and opinions and inserted in the Digest. In their original context, the statements of the law contained in these fragments were just private opinions of legal scholars – although some juristic writings had been privileged by Theodosius II's Law of Citations in 426. The Digest, however, was given full force of law.
Institutions
As the Digest neared completion,
Novellae
The Novellae consisted of new laws that were passed after 534. They were later re-worked into the Syntagma, a practical lawyer's edition, by Athanasios of Emesa during the years 572–577.
Continuation in the Eastern Empire
As the administrative language of the Eastern Roman Empire shifted away from Latin,
- the Leo the Isaurian;
- the Prochiron and Basil the Macedonian; and
- the Leo the Wise.
The Basilika was a complete adaptation of Justinian's codification. At 60 volumes it proved to be difficult for judges and lawyers to use. There was need for a short and handy version. This was finally made by
Recovery in the West
This section needs additional citations for verification. (September 2014) |
Justinian's Corpus Juris Civilis was distributed in the West
Historians disagree on the precise way the Corpus was recovered in Northern Italy about 1070: legal studies were undertaken on behalf of papal authority central to the
The merchant classes of Italian communes required law with a concept of equity, and law that covered situations inherent in urban life better than the primitive Germanic oral traditions. The provenance of the Code appealed to scholars who saw in the Holy Roman Empire a revival of venerable precedents from the classical heritage. The new class of lawyers staffed the bureaucracies that were beginning to be required by the princes of Europe. The University of Bologna, where Justinian's Code was first taught, remained the dominant centre for the study of law through the High Middle Ages.[10]
A two-volume edition of the Digest was published in Paris in 1549 and 1550, translated by Antonio Agustín, Bishop of Tarragona, who was well known for other legal works. The full title of the Digest was Digestorum Seu Pandectarum tomus alter, and it was published by "Apud Carolam Guillards". Vol. 1 of the Digest has 2934 pages, while Vol. 2 has 2754 pages. Referring to Justinian's Code as Corpus Juris Civilis was only adopted in the 16th century, when it was printed in 1583 by Dionysius Gothofredus under this title. The legal thinking behind the Corpus Juris Civilis served as the backbone of the single largest legal reform of the modern age, the Napoleonic Code, which marked the abolition of feudalism, but reinstated slavery in the French Caribbean. Napoleon, as he waged total war on Europe, wanted to see these principles introduced to the whole of Europe because he saw them as an effective form of rule that created a more equal society and thus creating a more friendly relationship between the ruling class and the rest of the peoples of Europe.[11]
The Corpus Juris Civilis was translated into French, German, Italian, and Spanish in the 19th century.[12] However, no English translation of the entire Corpus Juris Civilis existed until 1932 when Samuel Parsons Scott published his version The Civil Law. Scott did not base his translation on the best available Latin versions, and his work was severely criticized.[13]Fred. H. Blume used the best-regarded Latin editions for his translations of the Code and of the Novels.[14] A new English translation of the Code, based on Blume's, was published in October 2016.[15] In 2018, the Cambridge University Press also published a new English translation of the Novels, based primarily on the Greek text.[16]
See also
References
- ^ The name "Corpus Juris Civilis" occurs for the first time in 1583 as the title of a complete edition of the Justinianic code by Dionysius Godofredus. (Kunkel, W. An Introduction to Roman Legal and Constitutional History. Oxford 1966 (translated into English by J.M. Kelly), p. 157, n. 2)
- ^ Department, Reference. "GW Law Library: Library Guides: Roman Law Research: Corpus Juris Civilis". law.gwu.libguides.com. Retrieved 10 February 2022.
- ^ Cf. Lex Ripuaria, tit. 58, c. 1: "Episcopus archidiaconum jubeat, ut ei tabulas secundum legem romanam, qua ecclesia vivit, scribere faciat". ([1])
- ^ a b c d e f g h Kaiser, Wolfgang (2015). The Cambridge Companion to Roman Law. pp. 119–148.
- ^ "LacusCurtius • Roman Law — Codex Gregorianus and Hermogenianus (Smith's Dictionary, 1875)". penelope.uchicago.edu. Retrieved 13 December 2022.
- ^ "Ecloga | Byzantine law".
- ^ http://www.doiserbia.nb.rs/img/doi/0584-9888/2004/0584-98880441099S.pdf [bare URL PDF]
- ^ As the Littera Florentina, a copy recovered in Pisa, demonstrates.
- ^ For a detailed account of how the relevant manuscripts and their transmission, see Charles M. Radding & Antonio Ciaralli, The Corpus iuris civilis in the Middle Ages: Manuscripts and Transmission from the Sixth Century to the Juristic Revival (Leiden: Brill, 2007).
- ^ "The University from the 12th to the 20th century - University of Bologna". www.unibo.it. Retrieved 3 May 2020.
- ISSN 0001-6829
- ^ Hulot, H. et al., Corpus iuris civilis. Le Digeste, les Institutes, le Code, les Nouvelles 14 vols (1803–11); Otto, C.E., Schilling, B., Sintenis, C.F.F., Das Corpus Iuris Civilis in's Deutsche übersetzt... 7 vols. (1831–39); Vignali, G., Corpo del diritto, corredato delle note di D. Gotofredo... 10 vols. (1856–62); Rodriguez de Fonseca, B. et al., Cuerpo del derecho civil... 2 vols. (1874)
- ISBN 978-1-7361312-1-3.
- ^ Id. at 3. For further discussion of the work of Scott, Blume, and Clyde Pharr on Roman law translation see Kearley, Timothy G., "From Rome to the Restatement: S.P. Scott, Fred Blume, Clyde Pharr, and Roman Law in Early Twentieth-Century," available at Social Science Research Network [2].
- ISBN 9780521196826
- ^ David J.D. Miller & Peter Saaris, The Novels of Justinian: A Complete Annotated English Translation (2 vols., 2018).
External links
- Corpus Juris Civilis – World History Encyclopedia
- BBC In Our Time podcast 'Justinian's Legal Code'
- Justinian's Code by Fred H. Blume