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Encyclopedia > Corpus Juris Civilis
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 the modern name[1] for a collection of fundamental works in jurisprudence, issued from 529 to 534 by order of Justinian I, Byzantine Emperor. Image File history File links Download high resolution version (1576x2074, 440 KB) Description: Title: de: Chormosaiken in San Vitale in Ravenna, Szene: Kaiser Justinian und Bischof Maximilianus und sein Hof, Detail: Büste des Justinian Technique: de: Mosaik Dimensions: Country of origin: de: Italien Current location (city): de: Ravenna Current... Image File history File links Download high resolution version (1576x2074, 440 KB) Description: Title: de: Chormosaiken in San Vitale in Ravenna, Szene: Kaiser Justinian und Bischof Maximilianus und sein Hof, Detail: Büste des Justinian Technique: de: Mosaik Dimensions: Country of origin: de: Italien Current location (city): de: Ravenna Current... Mosaic is the art of decoration with small pieces of colored glass, stone or other material. ... Philosophers of law ask what is law? and what should it be? Jurisprudence is the theory and philosophy of law. ... For other uses, see number 529. ... Events January 1 - Decimus Theodorius Paulinus appointed consul, the last to hold this office in the West. ... This article is about the Roman emperor. ... This is a list of Byzantine Emperors. ...


This code compiled all of the existing imperial constitutiones (imperial pronouncements having the force of law), back to the time of Hadrian. It used both the Codex Theodosianus and the fourth-century private collections embodied in the Codex Gregorianus and Codex Hermogenianus, which provided the model for division into books that were divided into titles. These privately-compiled codices had developed authoritative standing.[2] Publius Aelius Traianus Hadrianus (January 24, 76 –– July 10, 138), known as Hadrian in English, was emperor of Rome from 117 A.D. to 138 A.D., as well as a Stoic and Epicurean philosopher. ... The Codex Theodosianus (Book of Theodosius) was a compilation of the laws of the Roman Empire under the Christian emperors since 312. ... Justinian I depicted on a mosaic in the church of San Vitale, Ravenna, Italy The Corpus Juris Civilis (Body of Civil Law) is the modern name[1] for a collection of fundamental works in jurisprudence, issued from 529 to 534 by order of Justinian I, Byzantine Emperor. ... Justinian I depicted on a mosaic in the church of San Vitale, Ravenna, Italy The Corpus Juris Civilis (Body of Civil Law) is the modern name[1] for a collection of fundamental works in jurisprudence, issued from 529 to 534 by order of Justinian I, Byzantine Emperor. ...


Justinian gave orders to collect legal materials of various kinds into several new codes which 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 Civilis also influenced the Canon Law of the church since it was said that ecclesia vivit lege romana — the church lives under Roman law. Using the term Roman law in a broader sense, one may say that Roman law is not only the legal system of ancient Rome but the law that was applied throughout most of Europe until the end of the 18th century. ... The Middle Ages formed the middle period in a traditional schematic division of European history into three ages: the classical civilization of Antiquity, the Middle Ages, and modern times, beginning with the Renaissance. ... For other uses of civil law, see civil law. ... Canon Law is the ecclesiastical law of the Roman Catholic Church. ...


The work was directed by Tribonian, an official in Justinian's court, and distributed in three parts: Digesta (or "Pandectae"), Institutiones, and the Codex Constitutionum. A fourth part, the Novels (or "Novellae Constitutiones"), was added later. Tribonian (c. ... Pandects (Lat. ... Justinian I depicted on a mosaic in the church of San Vitale, Ravenna, Italy The Corpus Juris Civilis (Body of Civil Law) is the modern name for a collection of fundamental works in jurisprudence, issued from 529 to 534 by order of Justinian I, Byzantine Emperor. ...

Contents

Contents

Codex Justinianus

The Codex Justinianus (Code of Justinian) was the first part to be completed, on April 7, 529. It collects the constitutiones of the Roman Emperors. The earliest statute preserved in the code was enacted by Emperor Hadrian; the latest came from Justinian himself. The compilers of the code were able to draw on earlier works such as the official Codex Theodosianus and private collections like the Codex Gregorianus and the Codex Hermogenianus. Due to legal reforms by Justinian himself, this work later needed to be updated, so a second edition of the Codex (the so-called "Codex repetitae praelectionis") was issued in 534, after the Digest. April 7 is the 97th day of the year in the Gregorian calendar (98th in leap years). ... For other uses, see number 529. ... Publius Aelius Traianus Hadrianus (January 24, 76 –– July 10, 138), known as Hadrian in English, was emperor of Rome from 117 A.D. to 138 A.D., as well as a Stoic and Epicurean philosopher. ... 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.


Legislation about religion

Numerous provisions serve to secure the status of Orthodox Christianity as the state religion of the empire, uniting Church and state, and making anyone who was not connected to the Christian church a non-citizen. Nations with state religions:  Buddhism  Islam  Shia Islam  Sunni Islam  Orthodox Christianity  Protestantism  Roman Catholic Church A state religion (also called an official religion, established church or state church) is a religious body or creed officially endorsed by the state. ...


Laws against heresy

The very first law in the Codex requires all persons under the jurisdiction of the Empire to hold the holy Orthodox faith. This was primarily aimed against heresies such as Arianism. This text later became the springboard for discussions of international law, especially the question of just what persons are under the jurisdiction of a given state or legal system. Topics in Christianity Movements · Denominations · Other religions Ecumenism · Preaching · Prayer Music · Liturgy · Calendar Symbols · Art · Criticism Important figures Apostle Paul · Church Fathers Constantine · Athanasius · Augustine Anselm · Aquinas · Palamas · Luther Calvin · Wesley Arius · Marcion of Sinope Archbishop of Canterbury · Catholic Pope Coptic Pope · Ecumenical Patriarch Christianity Portal This box:      This article...


Laws against paganism

Other laws, while not aimed at pagan belief as such, forbid particular pagan practices. For example, it is provided that all persons present at a pagan sacrifice may be indicted as if for murder.


Laws against Judaism
Alphabetical index on the Corpus Juris (Index omnium legum et paragraphorum quae in Pandectis, Codice et Institutionibus continentur, per literas digestus.), printed by Gulielmo Rovillio, Lyon, 1571
Alphabetical index on the Corpus Juris (Index omnium legum et paragraphorum quae in Pandectis, Codice et Institutionibus continentur, per literas digestus.), printed by Gulielmo Rovillio, Lyon, 1571

The principle of "Servitus Judaeorum" (Servitude of the Jews) established by the new laws determined the status of Jews throughout the Empire for hundreds of years ahead. The Jews were disadvantaged in a number of ways. The emperor became an arbiter in internal Jewish affairs and Jews could not testify against Christians and were disqualified from holding a public office. Jewish civil and religious rights were restricted: "they shall enjoy no honors". The use of the Hebrew language in worship was forbidden. Shema Yisrael, sometimes considered the most important prayer in Judaism ("Hear, O Israel, the Lord is one") was banned, as a denial of the Trinity. A Jew converted to Christianity was entitled to inherit his or her father's estate, to the exclusion of the still-Jewish brothers and sisters. Similar laws applied to the Samaritans. Image File history File links Size of this preview: 389 × 599 pixelsFull resolution (591 × 910 pixel, file size: 291 KB, MIME type: image/jpeg) Index omnium legum et paragraphorum quae in Pandectis, Codice et Instit. ... Image File history File links Size of this preview: 389 × 599 pixelsFull resolution (591 × 910 pixel, file size: 291 KB, MIME type: image/jpeg) Index omnium legum et paragraphorum quae in Pandectis, Codice et Instit. ... “Hebrew” redirects here. ... Shema Yisrael (or Shma Yisroel or just Shema) (Hebrew: שמע ישראל; Hear, [O] Israel) are the first two words of a section of the Torah (Hebrew Bible) that is used as a centerpiece of all morning and evening Jewish prayer services and closely echoes the monotheistic message of Judaism. ... This article is about the Christian Trinity. ... For the ethnic group of this name, see Samaritan. ...


Digesta

Main article: Pandects

The Digesta or Pandectae consist of a collection of legal writings mostly dating back to the second and third centuries. 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 Juris. Pandects (Lat. ...


Institutiones

As the Digest neared completion, Tribonian and two professors, Theophilus and Dorotheus, made a students' textbook, called the Institutiones or 'Elements'. As there were four elements, the manual 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. Dorotheus was a professor of jurisprudence in the law school of Berytus in Syria, and one of the three commissioners appointed by the Roman emperor Justinian I to draw up a book of Institutes, after the model of the Institutes of Gaius, which should serve as an introduction to the... Gaius was a celebrated Roman jurist. ... 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. ... is the 364th day of the year (365th in leap years) in the Gregorian calendar. ... Events February 1 - John becomes Pope, succeeding Pope Boniface II, who had died in 532. ...


Novellae

The Novellae consisted of new laws that were passed after 534


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 preserved at Pisa, apparently without ever being publicly consulted, (and removed to Florence after Florence conquered Pisa in 1406), there may have been other manuscript sources for the text that began to be taught at Bologna, by Pepo and then by Irnerius. The latter's 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. Irnerius's pupils, the so-called Four Doctors of Bologna, were among the first of the "glossators" who established the curriculum of Roman law. The tradition was carried on by French lawyers, known as the Ultramontani, in the 13th century. This article or section does not cite its references or sources. ... The Gregorian Reform was a series of reforms initiated by Pope Gregory VII and the circle he formed in the papal curia, circa 1050–1080, which dealt with the moral integrity and independence of the clergy. ... Pope Gregory VII (c. ... The parchment codex called Littera Florentina is the closest survivor to an official version of the Pandects, the digest of Roman law promulgated by Justinian I in 530–533. ... Pandects (Lat. ... It has been suggested that this article or section be merged into Cucurbitaceae. ... 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. ... As glossators in a specific sense are identified the scholars of the 11th and 12th century legal schools in Italy, France and Germany. ...


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 the concept of justice. ... This article is about the medieval empire. ... The University of Bologna (Italian: , UNIBO) is the oldest continually operating degree-granting university in the world, and the second biggest university in Italy. ... The cathedral Notre Dame de Paris, a significant architectural contribution of the High Middle Ages. ...


Footnotes

  1. ^ The name "Corpus Juris Civilis" occurs for the first time in 1583 as the title of a complete edition of the Justinianic code by Dionysius Godofredus. (Kunkel, W. An Introduction to Roman Legal and Constitutional History. Oxford 1966 (translated into English by J.M. Kelly), p. 157, n. 2)
  2. ^ George Long, in William Smith, ed., A Dictionary of Greek and Roman Antiquities, (London: Murray) 1875 (On-line text).

See also

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. ... This is an attempted alphabetical List of Roman laws. ... An inscription of the Code of Hammurabi The Code of Hammurabi (also known as the Codex Hammurabi and Hammurabis Code) was created ca. ... In common law countries, habeas corpus () (Latin: [We command that] you have the body) is the name of a legal action, or writ, through which a person can seek relief from unlawful detention of themselves or another person. ...

External links

  • The Civil Law (Complete translation by S.P. Scott, 1932)
  • Selected Laws of Justinian (Internet Medieval Sourcebook)
  • The Roman Law Library, incl. Corpus Iuris Civilis (most in Latin)

  Results from FactBites:
 
Corpus Juris Civilis - Encyclopedia.com (1074 words)
Corpus Juris Civilis, most comprehensive code of Roman law and the basic document of all modern civil law.
With the revival of interest in Roman law (especially at Bologna) in the 11th cent., the Corpus Juris was studied and commented on exhaustively by such scholars as Irnerius.
citations of the Corpus Iuris Civilis and Corpus Iuris Canonici...
Reference.com/Encyclopedia/Corpus Juris Civilis (1154 words)
The Corpus Juris Civilis (Body of Civil Law) is the modern name for a collection of fundamental works in jurisprudence, issued from 529 to 534 by order of Justinian I, Byzantine Emperor.
The provisions of the Corpus Juris Civilis also influenced the Canon Law of the church since it was said that ecclesia vivit lege romana — the church lives under Roman law.
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.
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