Introductory

As we have already observed, Justinian’s desire to achieve unity in law prompted his far-reaching legislative programme that was designed to transform the legal world of his realm.

The imperial government had already endeavoured in the fifth century to create some order in the mass of laws claiming validity in the empire. However, the Theodosian Code as the first official codification of the law was from the outset incomplete as it ignored the important part of Roman law based on the writings of the classical jurists. Furthermore, many new imperial constitutions were issued after the enactment of that code and several constitutions it embodied became obsolete. On the other hand, the Law of Citations (ad 426) may have provided a partial solution to the problem caused by the unwieldy mass of classical legal literature. It enhanced the chances for uniformity and predictability in judicial decision-making. Yet from the viewpoint of scientific arrangement and thorough­ness, it was obviously inadequate. This situation urgently dictated the formulation of a comprehensive and authoritative statement on the entire Roman law that had legally binding force, clarified the changes induced by the post-Theodosian legis­lation and removed the uncertainty surrounding the content and authority of juristic works. One of Justinian’s first tasks after his ascension was the production of such a statement that would replace all former statements of law in juridical literature and legislation. At the same time, he resolved to improve the quality of legal instruction by introducing an educational system based on dependable legal sources that would present the law clearly, thoroughly and systematically. A key figure in this under­taking was Justinian’s legal adviser, Tribonianus, a man of exceptional talents who successively occupied the most illustrious offices in the imperial administration.^[595] Significant contributions also emanated from Theophilus, professor (antecessor) at the law school of Constantinople, and Dorotheus and Anatolius, who taught at the law school of Beirut. As noted previously, their new insight into the operation of the classical law enabled the jurists from these two schools to enhance the standards of legal scholarship and supply the methods that made the projected legal reform possible.

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