History of Human SocietyBlackmar, Frank W. (Frank Wilson)
History
History of Human Society
Blackmar, Frank W. (Frank Wilson)
Civilization; Progress; Sociology
During the imperial period the emperor acted somewhat through the
senate, but the latter body was more or less under his control, for he
frequently dictated its actions. Having assumed the powers of a
magistrate, he could issue an edict; as a judge he could give decrees
and issue commands to his own officials, all of which tended to
increase the body of Roman law. In the selection of jurists for the
interpretation of the law the emperor also had great control over its
character. The great accomplishment of the lawmaking methods of {260}
the Romans was, in the first place, to allow laws to be made by popular
assemblies and the senate, according to the needs of a developing
social organization. This having once been established, the foundation
of lawmaking was laid for all nations to follow. The Roman law soon
passed into a complex system of jurisprudence which has formed a large
element in the structure, principles, and practice of all modern legal
systems. The character of the law in itself was superior and masterly,
and its universality was accomplished through the universal rule of the
empire.
The later emperors performed a great service to the world by collecting
and codifying Roman laws. The Theodosian code (Theodosius II, 408-450
A.D.) was a very important one on account of the influence it exercised
over the various Teutonic systems of law practised by the different
barbarian tribes that came within the borders of the Roman Empire. The
jurists who gave the law a great development had by the close of the
fourth century placed on record all the principal legal acts of the
empire. They had collected and edited all the sources of law and made
extensive commentaries of great importance upon them, but it remained
for Theodosius to arrange the digests of these jurists and to codify
the later imperial decrees. But the Theodosian code went but a little
way in the process of digesting the laws.
The Justinian code, however, gave a complete codification of the law in
four distinct parts, known as (1) "the Pandects, or digest of the
scientific law literature; (2) the Codex, or summary of imperial
legislation; (3) the Institutes, a general review or text-book, founded
upon the digest and code, an introductory restatement of the law; and
(4) the Novels, or new imperial legislation issued after the
codification, to fill the gaps and cure the inconsistencies discovered
in the course of the work of codification and manifest in its published
results."[1] Thus the whole body of the civil law was incorporated.
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