The Corpus Juris Civilis
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The Hammond Collection
CATALOGUE OF THE IN THE LAW LIBRARY OF THE STATE UNIVERSITY OF IOWA. COMPILED BY FRANK H. NOBLE, fl.,,. M., LL. B., LIBRARIAN. LAW L\BRAPV DECH 1975 U£1iversity of Iowa lOWA CITY. PUBLISHED BY THE UNIVERSITY. 1895. INTRODUCTORY NOTE. The Hammond Historical Law Collection of which the following is a catalogue, has been donated to the State University of Iowa, by Mrs. William G. Hammond, in accor<lance with the wishes of her husband, expressed within a few days of his death, which occured at St. Louis, on April 12, 18<)4. Under the terms· of the gift the collection is to be kept tog~ther in cases specially provided for that purpose in the Law Library, and to remain there as a memorial of Dr. Hammond and of his connection with the Law Department as its Chancellor, from the organization of the Department in 1868 until 1881. The collection comprises twelve hundred and thirty-seven volumes, relating principally to the civil law and to the history of the common law. In the latter branch it covt!rs the legal institutions of the Teutonic tribes in general, and of the Anglo-Saxons in particular, as well- as the early period of the developments of legal institutions in England. Dr. Hammond, while preparing ii.is edition of Blackstone's Commen taries, collected copies of all th,e editions of that work published during the authOr's life-time, and this rare collection is included in the gift. In the Library is kept a card catalogue of the whole collection. -
Ordering Divine Knowledge in Late Roman Legal Discourse
Caroline Humfress ordering.3 More particularly, I will argue that the designation and arrangement of the title-rubrics within Book XVI of the Codex Theodosianus was intended to showcase a new, imperial and Theodosian, ordering of knowledge concerning matters human and divine. König and Whitmarsh’s 2007 edited volume, Ordering Knowledge in the Roman Empire is concerned primarily with the first three centuries of the Roman empire Ordering Divine Knowledge in and does not include any extended discussion of how knowledge was ordered and structured in Roman juristic or Imperial legal texts.4 Yet if we classify the Late Roman Legal Discourse Codex Theodosianus as a specialist form of Imperial prose literature, rather than Caroline Humfress classifying it initially as a ‘lawcode’, the text fits neatly within König and Whitmarsh’s description of their project: University of St Andrews Our principal interest is in texts that follow a broadly ‘compilatory’ aesthetic, accumulating information in often enormous bulk, in ways that may look unwieldy or purely functional In the celebrated words of the Severan jurist Ulpian – echoed three hundred years to modern eyes, but which in the ancient world clearly had a much higher prestige later in the opening passages of Justinian’s Institutes – knowledge of the law entails that modern criticism has allowed them. The prevalence of this mode of composition knowledge of matters both human and divine. This essay explores how relations in the Roman world is astonishing… It is sometimes hard to avoid the impression that between the human and divine were structured and ordered in the Imperial codex accumulation of knowledge is the driving force for all of Imperial prose literature.5 of Theodosius II (438 CE). -
THE JUSTINIAN CODE and ITS INFLUENCE (Justinian Ruled the Eastern Roman Empire 527 A.D - 565 A.D)
THE JUSTINIAN CODE AND ITS INFLUENCE (Justinian Ruled the Eastern Roman Empire 527 A.D - 565 A.D) The Justinian Code and Its Influence Laws make up the foundation of modern society, by clearly stating what is and isn’t allowed and provide a set of the punishments that coincide with the crime that was committed. One of Rome’s greatest achievements was their judicial system. However, as the Roman Empire expanded they became weak and were unable to maintain their borders. This ultimately led to the collapse of the Roman Empire and it was divided into the Eastern and Western Roman Empire. Like its former self the Western Empire also collapsed and all that remained was the Eastern Empire. As the Empires collapsed so did the legal system, after many years of corrupt officials making laws and the numerous controversial rulings by the roman court system, the once proud and magnificent Roman law was left in shambles. Emperor Justinian I was the ruler of the Eastern Roman Empire, or the Byzantine Empire. Emperor Justinian saw the condition that the Roman law was in and set out to reform the Roman legal system by creating his own set of laws and interpretations based on the old roman laws. The purpose of these sets of laws was to create a universal set of laws that all of the Byzantine Empire could follow, and was given presidence over any local laws, preventing any contradictions in court rulings. This set of laws would be known as Corpus Juris Civilis, which translates to “Body of Civil Law” and would also be known as the Justinian Code. -
Iconoclasm: a Christian Dilemma
ICONOCLASM: A CHRISTIAN DILEMMA - A BYZANTINE CONTROVERSY By STEPHEN CHARLES STEACY •• Bachelor of Arts Oklahoma State University Stillwater, Oklahoma 1969 Submitted to the Faculty of the Graduate College of the Oklahoma State University in partial fulfillment of the requirements for the Degree of MASTER OF ARTS December, 1978 ICONOCLASM: A CHRISTIAN DILEMMA - A BYZANTINE CONTROVERSY Thesis Approved: '. ~- Dean of the Graduate College 1019541 ii P~F~E This thesis is concerned with Iconoclasm, the religious upheaval which troubled the Byzantine conscience for over a century. There have been numerous theories adduced by his torians to account for this phenomenon. It is the purpose of this study to view the varying interpretations, analyze their shortcomings, and to put forth a different view of the controversy, one that more adequately expresses the deeply rooted religious nature of the movement, a movement not only of the eighth and ninth centuries but an idea which was nurtured in fertile soil of the Old Testament and Apostolic Christianity. The author wishes to express heartfelt appreciation to his thesis adviser, Dr. George Jewsbury, whose unflagging solicitude, support, and inspiration were instrumental in the preparation of this work. A note of thanks is given to Mrs. Karen Hoyer, whose typing expertise, in the final analysis, made the difference between success and failure. iii TABLE OF CONTENTS Chapter Page I. INTRODUCTION AND HISTORIOGRAPHICAL ESSAY 1 II. THEOLOGICAL AND PHILOSOPHICAL COURSES OF THE CONTROVERSY. • • . • . • • . • . 13 Genesis of the Cult of Icons .•.• 13 The Scriptures as the Foundation of Iconoclasm. 26 Precursors of ·the Iconoclast Movement . 30 Origen . 31 Eusebius . -
Paths of Western Law After Justinian
Pace University DigitalCommons@Pace Pace Law Faculty Publications School of Law January 2006 Paths of Western Law After Justinian M. Stuart Madden Pace Law School Follow this and additional works at: https://digitalcommons.pace.edu/lawfaculty Recommended Citation Madden, M. Stuart, "Paths of Western Law After Justinian" (2006). Pace Law Faculty Publications. 130. https://digitalcommons.pace.edu/lawfaculty/130 This Article is brought to you for free and open access by the School of Law at DigitalCommons@Pace. It has been accepted for inclusion in Pace Law Faculty Publications by an authorized administrator of DigitalCommons@Pace. For more information, please contact [email protected]. M. Stuart add en^ Preparation of the Code of Justinian, one part of a three-part presentation of Roman law published over the three-year period from 533 -535 A.D, had not been stymied by the occupation of Rome by the Rugians and the Ostrogoths. In most ways these occupations worked no material hardship on the empire, either militarily or civilly. The occupying Goths and their Roman counterparts developed symbiotic legal and social relationships, and in several instances, the new Germanic rulers sought and received approval of their rule both from the Western Empire, seated in Constantinople, and the Pope. Rugian Odoacer and Ostrogoth Theodoric each, in fact, claimed respect for Roman law, and the latter ruler held the Roman title patricius et magister rnilitum. In sum, the Rugians and the Ostrogoths were content to absorb much of Roman law, and to work only such modifications as were propitious in the light of centuries of Gothic customary law. -
Justinian's Redaction
JUSTINIAN'S REDACTION. "Forhim there are no dry husks of doctrine; each is the vital develop- ment of a living germ. There is no single bud or fruit of it but has an ancestry of thousands of years; no topmost twig that does not greet with the sap drawn from -he dark burrows underground; no fibre torn away from it but has been twisted and strained by historic wheels. For him, the Roman law, that masterpiece of national growth, is no sealed book ..... ... but is a reservoir of doctrine, drawn from the watershed of a world's civilization!'* For to-day's student of law, what worth has the half- dozen years' activity of a few Greek-speakers by the Bos- phorus nearly fourteen centuries ago? Chancellor Kent says: "With most of the European nations, and in the new states of Spanish America, and in one of the United States, it (Roman law) constitutes the principal basis of their unwritten or common law. It exerts a very considerable influence on our own municipal law, and particularly on those branches of it which are of equity and admiralty jurisdiction, or fall within the cognizance of the surrogate or consistorial courts . It is now taught and obeyed not only in France, Spain, Germany, Holland, and Scotland, but in the islands of the Indian Ocean, and on the banks of the Mississippi and St. Lawrence. So true, it seems, are the words of d'Agnesseau, that 'the grand destinies of Rome are not yet accomplished; she reigns throughout the world by her reason, after having ceased to reign by her authority?'" And of the honored jurists whose names are carved on the stones of the Law Building of the University of Pennsyl- vania another may be cited as viewing the matter from a different standpoint. -
113 Prolegomena to Establishing Pre
113 PROLEGOMENA TO ESTABLISHING PRE-JUSTINIANIC TEXTS by ALANWATSON (Athens, Georgia) For many years a central issue in Roman law studies has been the extent to which the substance of the law set out in Justinian's Code and Digest collected together from earlier materials has been interpolated. In this paper I seek to give an answer based primarily, but not exclusively, on the instructions given by Justinian to his compilers. Most of us who teach Roman law have derived our basic knowledge of the pur- poses of Justinian's legislation from the teachings of our professors and the read- ing of standard textbooks. Seldom does it appear necessary to read the consti- tutions establishing the teams to produce this legislation or the prefaces promulgating the legislation 1. Even less frequently do we look at these constitu- tions and prefaces together. We always have more pressing things to do. As a consequence, much that is inexact has been written - by me as well as by others - about Justinian's purposes, and the powers given to his compilers. All of us who have written about classical Roman law have in effect expressed opinions on the substantive accuracy of pre-Justinianic texts contained in the Digest or Code. The problem is that, without an understanding of the intentions behind the two Codes, Fifty Decisions, Digest and Institutes, and of the powers given to the compilers, we have no basis for our opinions on the substantive ac- curacy of the pre-Justinianian texts in the compilation. It cannot be my purpose to examine or discuss the views expressed by modern scholars on the subject - an impossible task2. -
Birkbeck Institutional Research Online
Birkbeck ePrints BIROn - Birkbeck Institutional Research Online Enabling open access to Birkbeck’s published research output Cracking the codex: late Roman law in practice Journal Article http://eprints.bbk.ac.uk/4977 Version: Accepted (Refereed) Citation: Humfress, C. (2006) Cracking the codex: late Roman law in practice Bulletin of the Institute of Classical Studies 49(1), pp.241-254 © 2006 Wiley Blackwell Publisher Version ______________________________________________________________ All articles available through Birkbeck ePrints are protected by intellectual property law, including copyright law. Any use made of the contents should comply with the relevant law. ______________________________________________________________ Deposit Guide Contact: [email protected] Bulletin of the Institute of Classical Studies 49 (publ. 2007), 251-64. Cracking the Codex: Late Roman Legal Practice in context. Caroline Humfress, Birkbeck College Introduction. Sometime between the second and fourth decades of the fourth century AD (probably shortly after the year 324, but just possibly as late as 348) the advocate Ammon wrote a letter home to his Mother in Panopolis, a major city of the Thebaid.1 Despite his own stated preference for a ‘…quiet life free from intrigue (as) befits those educated in philosophy and rhetoric…’2, 1 P.Ammon I 3 = The Archive of Ammon Scholasticus of Panopolis I: The Legacy of Harpocration (Pap. Colon. XXVI/1), edd. W.H. Willis and K. Maresch (Opladen, 1997), 19-46, dating P. Ammon I 3 to AD 348. For full discussion of the letter and its literary context see P. Van Minnen, ‘The Letter (and Other Papers) of Ammon: Panopolis in the Fourth Century AD’ in Perspectives on Panopolis. -
Law and Empire in Late Antiquity
job:LAY00 17-10-1998 page:3 colour:0 Law and Empire in Late Antiquity Jill Harries job:LAY00 17-10-1998 page:4 colour:0 published by the press syndicate of the university of cambridge The Pitt Building, Trumpington Street, Cambridge cb2 1rp, United Kingdom cambridge university press The Edinburgh Building, Cambridge cb2 2ru, UK http://www.cup.cam.ac.uk 40 West 20th Street, New York, NY 10011-4211, 10 Stamford Road, Oakleigh, Melbourne 3166, USA http://www.cup.org © Jill D. Harries 1999 This book is in copyright. Subject to statutory exception and to the provisions of relevant collective licensing agreements, no reproduction of any part may take place without the written permission of Cambridge University Press. First published 1999 Printed in the United Kingdom at the University Press, Cambridge Typeset in Plantin 10/12pt [vn] A catalogue record for this book is available from the British Library Library of Congress cataloguing in publication data Harries, Jill. Law and empire in late antiquity / Jill Harries. p. cm. Includes bibliographical references and index. ISBN 0 521 41087 8 (hardback) 1. Justice, Administration of – Rome. 2. Public law (Roman law) i. Title. KJA2700.H37 1998 347.45'632 –dc21 97-47492 CIP ISBN 0 521 41087 8 hardback job:LAY00 17-10-1998 page:5 colour:0 Contents Preface page vii Introduction 1 1 The law of Late Antiquity 6 Confusion and ambiguities? The legal heritage 8 Hadrian and the jurists 14 Constitutions: the emperor and the law 19 Rescripts as law 26 Custom and desuetude 31 2 Making the law 36 In consistory -
After Krüger: Observations on Some Additional Or Revised Justinian Code Headings and Subscripts*)
After Krüger: observations on some additional or revised Justinian Code headings and subscripts*) Der Beitrag stellt Ausschnitte aus Handschriften zusammen, die seit der Ausgabe des Co- dex Justinians 1877 durch Krüger entdeckt wurden, und die Ergänzungen oder Korrekturen an Inskriptionen und Subskriptionen ermöglichen. Die Handschriften sind P. Oxy. XV 1814 (C. 1,11,1-1,16,11 [first edition]), MS Cologne GB Kasten Β no. 130 (C. 3,32,4-12), PSI XIII 1347 (C. 7,16,41-7,17,1), P. Rein. Inv. 2219 (fragments of C. 12,59,10-12,62,4), MS Würzburg Universitätsbibliothek M.p.j.f.m.2 (C. 1,27,1,37-1,27,2,16 and 2,43,3-2,51,2), MS Stuttgart, Württemb. Staatsbibl. Cod. fragm 62 (C. 4,20,12-21,11). This article summarises details of manuscripts identified since the standard 1877 edition of the Justinian Code and containing additions to or revisions of headings and subscripts. The manuscripts are: P. Oxy. XV 1814 (CJ 1,11,1-1,16,11 [first edition]), MS Cologne GB Kasten Β no. 130 (CJ 3,32,4-12), PSI ΧΠΙ 1347 (CJ 7,16,41-7,17,1), P. Rein. Inv. 2219 (fragments of CJ 12,59,10-12,62,4), MS Würzburg Universitätsbibliothek M.p.j.f.m.2 (CJ 1,27,1,37-1,27,2,16 and 2,43,3-2,51,2), MS Stuttgart, Württemb. Staatsbibl. Cod. fragm. 62 (CJ 4,20,12-21,11). I. Introduction - Π. Sixth-century manuscripts a) P. Oxy. XV 1814, b) Cologne GB Kasten Β no. -
Imperial Letters in Latin: Pliny and Trajan, Egnatius Taurinus and Hadrian1
Imperial Letters in Latin: Pliny and Trajan, Egnatius Taurinus and Hadrian1 Fergus Millar 1. Introduction No-one will deny the fundamental importance of the correspondence of Pliny, as legatus of Pontus and Bithynia, and Trajan for our understanding of the Empire as a system. The fact that at each stage the correspondence was initiated by Pliny; the distances travelled by messengers in either direction (as the crow flies, some 2000 km to Rome from the furthest point in Pontus, and 1,500 km from Bithynia);2 the consequent delays, of something like two months in either direction; the seemingly minor and localised character of many of the questions raised by Pliny, and the Emperor’s care and patience in answering them – all these can be seen as striking and revealing, and indeed surprising, as routine aspects of the government of an Empire of perhaps some 50 million people. On the other hand this absorbing exchange of letters can be puzzling, because it seems isolated, not easy to fit into any wider context, since examples of Imperial letters in Latin are relatively rare. By contrast, the prestige of the Greek City in the Roman Empire and the flourishing of the epigraphic habit in at least some parts of the Greek world (primarily, however, the Greek peninsula and the western and southern areas of Asia Minor) have produced a large and ever-growing crop of letters addressed by Emperors to Greek cities and koina, and written in Greek. The collection of Greek constitutions published by J.H. Oliver in 1989 could now be greatly increased. -
The Rule of Capture in Texas-Still So Misunderstood After All These Years
THE RULE OF CAPTURE IN TEXAS-STILL SO MISUNDERSTOOD AFTER ALL THESE YEARS by Dylan 0. Drummond, • Lynn Ray Sherman,** and Edmond R. McCarthy, Jr. ••• I. INTRODUCTION . 3 II. ANCIENT LEGAL HISTORY AND DEVELOPMENT . • . 15 A. Greek Law . 16 B. Roman Law . 18 1. The Twelve Tables . 18 2. The Early Jurists . 19 3. The Theodosian Code . 19 4. The Digest of Justinian . 21 a. Mechanics of Formulation . 21 b. Groundwater-Related Juristical Excerpts . 22 1. Marcellus's Writing ..................... 22 ii. Other Jurists' Writings . 23 aa. Ulpian . 23 bb. Quintas Mucius.................. 25 cc. Vitruvius . 26 dd. Trebatius . 26 • Associate; Winstead Sechrest & Minick, P.C. Mr. Drummond served as a Briefing Attorney to Senior Associate Justice Nathan L. Hecht, Supreme Court of Texas, during the 2003-04 term. Mr. Drummond graduated from Texas Tech University School of Law, where he served as Editor in Chief for Volume 4 of the Texas Tech Journal of Texas Administrative Law. In 1999, he received his B.S., summa cum Laude, in Wildlife & Fisheries Management and earned his M.B.A. and J.D. in 2003. ** President; WaterTexas. Mr. Sherman earned his B.A. from Vanderbilt University in 1985 and his J.D. from Baylor Law School in 1990. Prior to leading WaterTexas, Mr. Sherman served as the Executive Manager of Governmental Affairs and Community Relations for the Lower Colorado River Authority. Prior to that, he practiced law as a Partner with the Austin law firm of Bickerstaff, Heath, Smiley, Pollan, Kever & McDaniel, L.L.P., where he represented public and private clients on water law issues.