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Contextualize the Justinian's codification and explain its contents -…
Contextualize the Justinian's codification and explain its contents
Introduction
Middle of the Dominate (6th C.)
Crisis -> extreme disorder
Emperor Justinian
3 specialized powers under imperial control
Legislative
Executive
Judicial
Main Clauses
Context
Justinian Emperor (527 to 565 CE)
Christianity as basis
Outside reference
: Loved by some, hated by some
Codification: matter of efficiency
Regulating civil law, private law, criminal law, criminal precedence, and public law
Goal: introducing order
At times in conflict with the elite
Content
Novels
Public law: Legal procedures: 71: Illustrious persons must always be represented by attorneys in financial and criminal cases, while the Clarissimi can represent themselves in financial matters or use attorneys.
Private law: Land ownership: 32: Creditors cannot keep a farmer's land used as collateral for a loan, nor can they charge excessive interest
Digesta
Anthology from expert Roman jurists
Ulpianus, Gaius, Papinianus
Outside source
: written by 16 lawyers, supervised by Tribonian
Public law: Magistrates: Book 2, Tit. 3: “Where anyone refuses obedience to a magistrate rendering judgement.”
Private law: Property/legacy: Book 7, Tit. 3: “When the legacy of an usufruct vests.”
Code
Imperial legislation
Private law: Family: “Book IV: Title 43. Concerning fathers who have sold their children.”
Public law: Bearing of arms: “Book XI: Title 46. The use of arms without the knowledge of the Emperor is forbidden.”
Institutiones
Introductory textbook on Roman law
Followed example old
Institutiones
by Gaius
Classification of matters
Public law: Book 1- 7: Concerning constitution of the council: “The council is composed in the city of Rome of five senators and five Roman knights above the age of puberty”
Private law: Inheritance: Book 2, Tit. 12: OF PERSONS INCAPABLE OF MAKING WILLS.
Conclusion
Consequences
Constitutional law
Administrative law
International law
Military law
Canon law
Commercial law
Preservation of Roman Law