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or effective 534 534 introduced by john the cappadocian tribonian part of a series on late antiquity justinian i and his court mosaic in the basilica of san vitale c 547 periods later roman empire migration period early middle ages historiography kingdoms and empires western roman empire byzantine empire sasanian empire kingdom of aksum barbarian kingdoms rashidun caliphate umayyad caliphate regions egypt syria arabia north africa byzantine north africa gaul britain roman armenia sasanian armenia diocese of the east diocese of egypt religion and philosophy christianity in late antiquity christianization of the roman empire end of paganism church fathers christian monasticism rabbinic judaism zoroastrianism manichaeism neoplatonism origins of islam government and society dominate tetrarchy late roman army roman law corpus juris civilis byzantine economy literature and art late antique literature late latin byzantine literature syriac literature coptic literature armenian literature rabbinic literature early christian art and architecture byzantine art sasanian art migration period art late antique and medieval mosaics in italy wars and transformations fall of the western roman empire gothic war roman persian wars byzantine sasanian wars first plague pandemic late antique little ice age early muslim conquests category reference work v t e the corpus juris or iuris civilis body of civil law is the modern name a for a collection of fundamental works in jurisprudence enacted from 529 to 534 by order of roman emperor justinian i it is also sometimes referred to metonymically after one of its parts the code of justinian the work as planned had three parts the code codex is a compilation by selection and extraction of imperial enactments to date the digest or pandects the latin title contains both digesta and pandectae is an encyclopedia composed of mostly brief extracts from the writings of roman jurists and the institutes institutiones is a student textbook mainly introducing the code although it has important conceptual elements that are less developed in the code or the digest 1 2 all three parts even the textbook were given force of law 3 they were intended to be together the sole source of law reference to any other source including the original texts from which the code and the digest had been taken was forbidden 4 5 nonetheless justinian found himself having to enact further laws today these are counted as a fourth part of the corpus the novellae constitutiones novels literally new laws 6 the work was directed by tribonian an official in justinian s court in constantinople 7 his team was authorized to edit what they included how far they made amendments is not recorded and in the main cannot be known because most of the originals have not survived the text was composed and distributed almost entirely in latin which was still the official language of the government of the eastern roman empire in 529 534 whereas the prevalent language of merchants farmers seamen and other citizens was greek 8 by the early 7th century greek had largely replaced latin as the dominant language of the empire the corpus juris civilis was revised into greek when that became the predominant language of the eastern roman empire and continued to form the basis of the empire s laws the basilika greek τὰ βασιλικά imperial laws through the 15th century 9 10 the basilika in turn served as the basis for local legal codes in the balkans during the following ottoman period and later formed the basis of the legal code of modern greece in western europe the corpus juris civilis or its successor texts like the basilika did not get well established originally and was only recovered in the middle ages being received or imitated as private law its public law content was quarried for arguments by both secular and ecclesiastical authorities this recovered roman law in turn became the foundation of law in all civil law jurisdictions 11 the provisions of the corpus juris civilis also influenced the canon law of the catholic church it was said that ecclesia vivit lege romana the church lives by roman law 12 its influence on common law legal systems has been markedly less although still significant with latinate legal concepts and terminology from the corpus having survived through norman law canon law and civil law influences such as the contrast especially in the institutes between law statute and custom the corpus continues to have a major influence on public international law its four parts thus constitute the foundation documents of the western legal tradition compilation process edit justinian i depicted on a mosaic in the church of san vitale ravenna italy justinian acceded to the imperial throne in constantinople in 527 13 six months after his accession in order to reduce the great number of imperial constitutions and thus also the number of court proceedings justinian arranged for the creation of a new collection of imperial constitutions codex iustinianus 13 the commission in charge of the compilation process was explicitly authorized to leave out or change text and to delete what was obsolete or contradictory 13 soon in 529 the codex was completed and was conferred the force of law in the whole empire replacing all earlier constitutions and the codex theodosianus 13 a little more than a year after the enactment of the first edition of the code justinian appointed a commission headed by tribonian to compile the traditional jurists law in a new shortened and contemporary codification the digest or pandects 13 the traditional collection of jurists law justinian believed was so extensive that it had become unmanageable necessitating a new compilation the commission completed its work within three years in 533 13 tribonian s commission surveyed the works of classical jurists who were assumed in justinian s time to have the authority to clarify law ius respondendi and whose works were still available 13 in total there are excerpts from 38 jurists in the digest 13 the four parts edit codex edit main article code of justinian 13th century manuscript of the codex with the glossa ordinaria on the margins the codex justinianus codex justinianeus or codex justiniani latin for justinian s code was the first part to be finished on 7 april 529 it contained in latin most of the existing imperial constitutiones imperial pronouncements having force of law back to the time of hadrian it used both the codex theodosianus and the fourth century collections embodied in the codex gregorianus and codex hermogenianus which provided the model for division into books that were themselves divided into titles these works had developed authoritative standing 14 this first edition is now lost a second edition was issued in 534 and is the text that has survived 15 at least the second edition contained some of justinian s own legislation including some legislation in greek it is not known whether he intended there to be further editions although he did envisage translation of latin enactments into greek legislation about religion edit numerous provisions served to secure the status of 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 the christianity referred to is chalcedonian christianity as defined by the state church which excluded the other major christian branches namely the church of the east and oriental orthodoxy laws against heresy edit the very first law in the codex requires all persons under the jurisdiction of the empire to hold the christian faith we desire that all peoples who are governed by the moderation of our clemency shall practice that religion which was handed down by the divine apostle peter to the romans 16 this was primarily aimed at heresies such as nestorianism 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 laws against paganism edit 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 digesta edit main article digest roman law digest excerpt d 6 1 from the 6th century littera florentina the digesta or pandectae completed in 533 is a collection of juristic 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 although some juristic writings had been privileged by theodosius ii s law of citations in 426 the digest however was given full force of law 3 institutions edit main article institutes of justinian 14th century manuscript of the institutiones with glossa ordinaria as the digest neared completion tribonian and two professors theophilus and dorotheus made a student textbook called the institutions 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 from 21 november 533 and were given the authority of law on 30 december 533 along with the digest 17 according to charles donahue the difference between procedural and substantive law entered medieval and modern legal thought from justinian s institutes 18 novellae edit main article novellae constitutiones the novellae in a 14th century manuscript with the glossa ordinaria the novellae consisted of new laws that were passed after 534 6 they were later re worked into the syntagma a practical lawyer s edition by athanasios of emesa during the years 572 577 19 continuation in the eastern empire edit the term byzantine empire or byzantium is used today to refer to what remained of the roman empire in the eastern mediterranean after the western empire collapsed the eastern empire continued to use roman law and it was as the ruler of this eastern empire that justinian formalized roman law in his corpus juris civilis 20 as the administrative language of the eastern roman empire shifted away from latin legal codes based on the corpus juris civilis were enacted in greek the best known are the ekloge ton nomon 740 enacted by emperor leo the isaurian 21 the procheiron and epanagoge 22 c 879 enacted by emperor basil the macedonian 23 and the basilika late 9th century started by basil the macedonian and finished by his son emperor leo the wise 24 the basilika was a complete adaptation of justinian s codification at 60 volumes it proved to be difficult for judges and lawyers to use there was need for a short and handy version this was finally made by constantine harmenopoulos a byzantine judge from thessaloniki in 1345 he made a short version of basilika in six books called hexabiblos 25 this was widely used throughout the balkans during the following ottoman period and along with the basilika was used as the first legal code for the newly independent greek state in the 1820s 26 serbian state law and culture was built on the foundations of rome and byzantium therefore the most important serbian legal codes zakonopravilo 1219 and dušan s code 1349 and 1354 transplanted roman byzantine law included in corpus juris civilis procheiron and basilika these serbian codes were practised until the serbian despotate fell to the ottoman empire in 1459 during the serbian revolution byzantine law was still in effect and was adopted in the serbian civil code 1844 modeled after serbian customary law and the austrian civil code 27 recovery in the west edit this section needs more citations please help improve this section by adding citations to reliable sources unsourced material may be challenged and removed september 2014 learn how and when to remove this message justinian s corpus juris civilis was distributed in the west b and went into effect in those areas regained under justinian s wars of reconquest pragmatic sanction of 554 28 including the exarchate of ravenna accordingly the institutes were made the textbook at the law school in rome and later in ravenna when the school relocated there 29 however after the loss of most of these areas only the catepanate southern italy maintained a byzantine legal tradition but there the corpus was superseded by the ekloge ton nomon and basilika only the corpus s provisions regulating the church still had any effect but the catholic church s de facto autonomy and the great schism made even that irrelevant in western europe the corpus may have spurred a slew of romano germanic law codes in the successor germanic kingdoms but these were heavily based on the older theodosian code not the corpus 30 historians disagree on the precise way the corpus was recovered in northern italy about 1070 several factors were likely involved including disputes between the holy roman empire and the papacy 31 aside from the littera florentina a complete 6th century copy of the digest preserved in amalfi and later moved to pisa 32 and the epitome codicis c 1050 incomplete manuscript preserving most of the codex 33 there may have been other manuscript sources for the text that began to be taught at bologna by pepo and then by irnerius c irnerius 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 34 irnerius pupils the so called four doctors of bologna were among the first of the glossators who established the curriculum of medieval roman law 35 the last and most important gloss was authored by accursius and became known as the glossa ordinaria 36 the tradition was carried on by french lawyers known as the ultramontani in the 13th century 37 the merchant classes of italian communes required law with a concept of equity and law that 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 centre for the study of law through the high middle ages 38 medieval versions of the corpus sometimes incorporated additional texts such as the libri feudorum and authentica habita 39 a two volume edition of the digest was published in paris in 1549 and 1550 translated by antonio agustín bishop of tarragona who was well known for other legal works the full title of the digest was digestorum seu pandectarum tomus alter...
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