One may say that these codes carried on processes of decline from the full
creative genius of Roman jurisprudence, which had irrevocably set in under
the Empire in the fourth and fifth centuries. The decline lay in a
weakening of the intellectual power devoted to the law and its
development. The living growth of the praetorian edict had long since come
to an end; and now a waning jurisprudential intelligence first ceased to
advance the development of law, and then failed to save from desuetude the
achieved jurisprudence of the past. So the jurisprudential and juridical
elements (_jus_) fell away from the law, and the imperial constitutions
(_leges_) remained the sole legal vehicle and means of amendment. The need
of codification was felt, and that preserving and eliminating process was
entered upon.
Roman codification never became a reformulation. The Roman _Codex_ was a
collection of existing constitutions. A certain jurist (“Gregorianus”)
made an orderly and comprehensive collection of such as early as the close
of Diocletian’s reign; it was supplemented by the work of another jurist
(“Hermogenianus”) in the time of Constantine. Each compilation was the
work of a private person, who, without authority to restate, could but
compile the imperial constitutions. The same method was adopted by the
later codifications, which were made and promulgated under imperial
decree. There were two which were to be of supreme importance for the
legal future of western Europe, the Theodosian Code and the legislation of
Justinian. The former was promulgated in 438 by Theodosius II. and
Valentinianus. The emperors formally announce that “in imitation (_ad
similitudinem_) of the Code of Gregorianus and Hermogenianus we have
decreed that all the Constitutions should be collected” which have been
promulgated by Constantine and his successors, including ourselves.[356]
So the Theodosian Code contains many laws of the emperors who decreed
it.[357] It was thus a compilation of imperial constitutions already in
existence, or decreed from year to year while the codification was in
process (429-438). Every constitution is given in the words of its
original announcement, and with the name of the emperor. Evidently this
code was not a revision of the law.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account