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Encyclopedia > Byzantine law
Justinian I depicted on a mosaic in the church of San Vitale, Ravenna, Italy
Justinian I depicted on a mosaic in the church of San Vitale, Ravenna, Italy

The Corpus Juris Civilis (Body of Civil Law) is a fundamental work in jurisprudence, issued from 529 to 534 by order of Justinian I, Byzantine Emperor. Mosaic of Justinian I, obtained from the Macedonia FAQ website, http://faq. ... Mosaic of Justinian I, obtained from the Macedonia FAQ website, http://faq. ... Jurisprudence is the scientific and historic study of law, inclusive of: Legal history, including legal historiography and hermeneutics; Legal philosophy; Legal science, e. ... For other uses, see number 529. ... Events January 1 - Decimus Theodorius Paulinus appointed consul, the last to hold this office in the West. ... Justinian I depicted on a Byzantine mosaic Flavius Petrus Sabbatius Iustinianus or Justinian I (May 11, 483–November 13/14, 565), was Eastern Roman Emperor from AD August 1, 527 until his death. ... This is a list of Byzantine Emperors. ...


Justinian gave orders to collect legal materials of various kinds into several new codes. These codes became the basis of the revival of Roman law in the middle ages. This revived Roman law, in turn, became the foundation of law in all civil law jurisdictions. The provisions of the Corpus Juris Civils also influenced the canon law of the church since it was said that ecclesia vivit lege romana - the church lives under Roman law. Roman Law is the legal system of ancient Rome. ... Civil law is a legal system derived from Roman law and commonly used in Europe. ... In Western culture, canon law is the law of the Roman Catholic and Anglican churches. ...


The work was directed by Tribonian, an official in Justinian's court, and distributed in three parts: Digesta (or "Pandectae"), Institutiones, the Codex. A fourth part, the Novels (or "Novellae Constitutiones"), was added later. Tribonian (c. ... Pandects (Lat. ...

Contents


Codex Justinianus

Codex Justinianus (a.k.a. Justinian Code) was the first part to be completed on April 7, 529. April 7 is the 97th day of the year in the Gregorian calendar (98th in leap years). ... For other uses, see number 529. ...


It collects the constitutiones (statutes) of the Roman Emperors. The earliest constitutio preserved in the code was made from Emperor Hadrian, the latest constitutiones come from Justinianus himself. The compilers of the code could draw on earlier works like the official Codex Theodosianus and private collections like the Codex Gregorianus and the Codex Hermogenianus. Due to the legal reforms by the same Justinian, this work needed to be updated, so a second edition of the Codex (the so-called Codex repetitae praelectionis) was issued in 534, after the Digest. Emperor Hadrian Publius Aelius Traianus Hadrianus (January 24, 76-July 10, 138), known as Hadrian in English, was Roman emperor from 117-138, and a member of the gens Aelia. ... The Codex Theodosianus (Book of Theodosius) was a compilation of the laws of the Roman Empire under the Christian emperors since 312. ...


The Code reflects the social order of the later empire. The position of the emperor as an absolute monarch with unlimited legislative, executive and judicial power is implicit throughout the code. Numerous provisions serve to secure the status of Christianity as the state religion of the empire. Among these provisions are several enactments to the prejudice of other religions like Judaism. Jews were disqualified from public office and disadvantaged in a number of ways.


Digesta

Main article: Pandects.

The Digesta or Pandectae consist of a collection of legal writings mostly dating back to the second and third centuries B.C. 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. The Digest, however, was given the force of law, like the other parts of the Corpus Iuris. Pandects (Lat. ...


Institutiones

As the Digest neared completion, Tribonian and two professors, Theophilus and Dorotheus, made a sort of manual for jurists, called the Institutiones or the elements. As there were four elements, the manual also consists of four books. The Institutiones are largely based on the Institutiones of Gaius. Two thirds of the Institutiones of Justinian consists of literal quotes from Gaius. The new Institutiones were used as a manual for jurists in training since 21 November 533 and were given the authority of law on 30 December 533 along with the Digest. November 21 is the 325th day of the year (326th in leap years) in the Gregorian Calendar. ... Events February 1 - John becomes Pope, succeeding Pope Boniface II, who had died in 532. ... December 30 is the 364th day of the year (365th in leap years) in the Gregorian Calendar, with 1 day remaining. ... Events February 1 - John becomes Pope, succeeding Pope Boniface II, who had died in 532. ...


Recovery in the West

Justinian's Corpus Juris Civilis was lost in the West, where it was scarcely needed in the primitive conditions that followed the collapse of Odoacer's sub-Roman kingdom. Historians disagree on the precise way it was recovered in Northern Italy about 1070: perhaps it was waiting unneeded and unnoticed in a library until the legal studies that were undertaken on behalf of papal authority that was central to the Gregorian Reform of Pope Gregory VII led to its accidental rediscovery. Aside from the Littera Florentina, a 6th-century codex of the Pandects that was jealously preserved at Florence, there may have been other manuscript sources for the text that began to be taught at Bologna, by Pepo and then by Irnerius, whose technique was to read a passage aloud, which permitted his students to copy it, then to deliver an excursus explaining and illuminating Justinian's text, in the form of glosses. Irmerius' pupils, the "Four Doctors" were among the first of the "Glossators" who established the curriculum of Roman law. Odoacer, also known as Odovacar (435 – 493) was the half Hunnish, half Scirian chieftain of the Germanic Heruli. ... Gregorian Reform is generally considered named after Pope Gregory VII(1073-1085), who personally denied this, and claimed it was named after Gregory the Great. ... Gregory VII, né Hildebrand (ca. ... Pandects (Lat. ... Irnerius, also seen as Hirnerius, Hyrnerius, Iernerius, Gernerius, Guarnerius, Warnerius, Wernerius, Yrnerius, (c. ... A gloss is a note made in the margins or between the lines of a book, in which the meaning of the text in its original language is explained in another language. ...


The merchant classes of Italian communes required law with a concept of equity and which 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 center for the study of law through the High Middle Ages. Defensive towers at San Gimignano, Tuscany, bear witness to the factional strife within communes. ... This article is about concept of equity in Anglo-American jurisprudence. ... This page is about the Germanic empire. ... The University of Bologna (Università di Bologna, UNIBO) is a university in Bologna, Italy. ... The cathedral Notre Dame de Paris, a significant architectural contribution of the High Middle Ages. ...


Relevant articles

Roman Law is the legal system of ancient Rome. ... This is an attempted alphabetical List of Roman laws. ...

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