The Old Roman World : the Grandeur and Failure of Its Civilization.Lord, John
History
The Old Roman World : the Grandeur and Failure of Its Civilization.
Lord, John
Rome -- Civilization
During this golden age of Roman jurisprudence, many commentaries were
written on the Twelve Tables, the Perpetual Edict, the Laws of the
People, and the Decrees of the Senate, as well as a vast mass of
treatises on every department of the law, most of which have perished.
The Institutes of Gaius, which have reached us nearly in their original
form, are the most valuable which remain, and have thrown great light on
some important branches previously involved in obscurity. Their use in
explaining the Institutes of Justinian, is spoken of very highly by
Mackenzie, since the latter are mainly founded on the long lost work of
Gaius. A treatise of Ulpian, preserved in the Vatican, entitled
"_Tituli ex corpore Ulpiani_" also contains valuable information,
as well as the "_Receptae Sententiae_" of Julius Paulus, his great
contemporary, both of which works, as well as others of inferior
importance, were lately published at Rome by Dr. Gneist, called
"_Corpus Juris Romani Antejustinianii_." [Footnote: Mackenzie, p.
16.] The great lawyers who flourished from Trajan to Alexander Severus,
like Gaius, Ulpian, Paulus, Papinian, and Modestinus, had no successors
who can be compared with them, and their works became standard
authorities in the courts of law.
After the death of Alexander Severus no great accession was made to
Roman law, until Theodosius II. caused the constitutions, from
Constantine to his own time, to be collected and arranged in sixteen
books. This was called the Theodosian Code, which in the West was held
in high esteem, although superseded shortly after in the East by the
Justinian Code.
[Sidenote: Justinian labors.]
To Justinian belongs the immortal glory of reforming the jurisprudence
of the Romans. "In the space of ten centuries," says Gibbon, "the
infinite variety of laws and legal opinions had filled many thousand
volumes, which no fortune could purchase, and no capacity could digest.
Books could not easily be found and the judges, poor in the midst of
riches, were reduced to the exercise of their illiterate discretion."
[Footnote: Gibbon, ch. 44.] Justinian determined to unite in one body
all the rules of law, whatever may have been their origin, and in the
year 528, appointed ten jurisconsults, among whom was the celebrated
Tribonian, to select and arrange the imperial constitutions, leaving out
what was obsolete or useless or contradictory, and to make such
alterations as the circumstances required. This was called the
_Code_, divided into twelve books, and comprising the constitutions
from Hadrian to Justinian. This was published in fourteen months after
it was undertaken.
[Sidenote: Tribonian.]
[Sidenote: The code of Pandects.]
Public-domain text, read in full here on John Shaqi.
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