Justinian’s compilation
The purpose of Justinian’s compilation was to restate the whole of Roman law in a single legal source of law with binding force over the entire empire. Justinian’s major legal work, often called a codification, was not a codification in the modern sense but rather an up-to-date and systematized compilation or collection of legislation and legal literature.
Emperor Justinian himself gave no collective title to his compilation. He used only once the expression corpus iuris in the generic sense of body of law (C.J. 5.13.1pr.: omne corpus iuris). In the Middle Ages, the whole compilation was called Corpus iuris by the medieval glossators. From the end of the sixteenth century up to our own time, to distinguish Justinian’s compilation from the compilation of canon law (Corpus luris Canonici), jurists have usually referred to Justinian’s compilation as Corpus Iuris Civilis. That collective name was first used in the edition by Dionysius Gothofredus (Denis Godefroy) in 1583.The Justinian compilation, composed in Latin, consists of three independent legal projects, all related by his single overriding intention for the whole: a body of imperial constitutions (the Code), a body of brief extracts of jurisprudence (the Digest or, in Greek, Pandects), and a textbook for the students of the whole empire (the Institutes). After the publication of the Code, Justinian also continued with his legislative efforts for more than thirty years by promulgating about 150 new constitutions (the Novels: novae leges). Some of these novels were to be applied throughout the empire, some of them in just part of it. They were written in Latin or Greek, based on their intended scope of application. The authoritative edition of Justinian’s Corpus Iuris Civilis was produced at the end of the nineteenth century by Theodor Mommsen in collaboration with Paul Krüger (the Digest), and by Paul Krüger himself (the Institutes and the Code).
Rudolf Scholl and Wilhelm Kroll produced the authoritative edition of the Novels in 1895. The standard edition of the Corpus Iuris contains the Institutes and the Digest in the first volume, the Code in the second volume, and the Novels in the third volume (Berlin: Weidmann, 1895).Some of Justinian’s constitutions usually referred to by their first words (e.g., Imperatoriam, Tanta) provide information about the plan for the codification. The main architect and inspiration for the codification was Tribonian. Born in Side, in Pamphylia, around 500 ce, Tribonian was a practicing lawyer and an erudite writer in both Latin and Greek. A man of great talent and capacities, in 529 he was appointed quaestor sacripalatii (senior legal official). He was a member of the commission in charge of the codification of imperial law (529) and of the commission in charge of the preparation of the body of classical legal literature. In 532 he was removed from his office of quaestor, but he continued working on the legal codification as a magister officiorum. In 533, he headed the commission that prepared the Institutes and, one year later, the commission of the second edition of Justinian’s Code. He died around 542.
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