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The Corpus Juris Civilis College of William & Mary Law School William & Mary Law School Scholarship Repository Library Staff ubP lications The oW lf Law Library 2016 The orC pus Juris Civilis Frederick W. Dingledy William & Mary Law School, [email protected] Repository Citation Dingledy, Frederick W., "The orC pus Juris Civilis" (2016). Library Staff Publications. 121. https://scholarship.law.wm.edu/libpubs/121 Copyright c 2016 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/libpubs The Corpus Juris Civilis by Fred Dingledy Senior Reference Librarian College of William & Mary Law School for Virginia Association of Law Libraries at Washington & Lee U. School of Law –April 8, 2016 What we’ll cover History and Components of the Corpus Juris Civilis Relevance of the Corpus Juris Civilis Researching the Corpus Juris Civilis Diocletian (r. 284‐305) Theodosius II Codex Gregorianus (r. 408‐450) (ca. 291) Codex Theodosianus (438) Codex Hermogenianus (295) Previously… Byzantine Empire in 500 Emperor Justinian I (r. 527‐565) “A r m s and laws have always flourished by the reciprocal help of each other.” Tribonian John of Cappadocia 528: Justinian appoints First Law Commission Imperial constitutiones I: Ecclesiastical, legal system, admin II‐VIII: Private IX: Criminal X‐XII: Public 529: Codex first ed. Codex Liber Hippodrome Theodora (500‐548) 530: Second Law Commission 532: Nika (Victory) Riots Digest: Writings by jurists I: Public “Appalling II‐XLVII: Private arrangement” XLVIII: Criminal ‐‐Alan XLIX: Appeals + Treasury Watson L: Municipal, specialties, definitions 533: Digest/Pandects First‐year legal textbook I: Persons II: Things III: Obligations IV: Actions 533: Justinian’s Institutes 533: Reform of Byzantine legal education First year: Institutes Digest & Novels Fifth year: Codex The Novels (novellae constitutiones): { Justinian’s constitutiones 534: Codex 2nd ed. 565: Justinian dies Justinian’s Empire in 555 Byzantine Empire in 717 Holy Roman Emperor Henry IV, Abbot of Cluny, and Matilda of Canossa The medieval revival Irnerius Accursius The Glossators glossa ordanaria Vulgata Digestum Vetis Infortiatum Digestum Novum The Glossators Codex Volumen Tres Libri Codicis Authenticum Libri Feudorum Institutes The Glossators 1583: Dionysius Gothofredus, Corpus Juris Civilis 1753: George Harris, The Four Books of Justinian’s Institutions The 19th‐century critical editions Theodor Mommsen: Digest (1870) Justinian’s Institutes Codex Paul Krueger: Institutes (1867) and Codex (1877) Novels Wilhelm Kroll Rudolf Schöll & Wilhelm Kroll: Novels (1895) Charles Henry Monro 1904: Partial English translation of Digest S.P. Scott 1932: English translation of CJC Alan Watson 1985: English translation of Digest Justice Fred H. Blume ca. 1952: English translation of Codex and Novels France Germany European influence Spain Italy European Influence Bracton on the Laws and Customs of England “Secondly, Homonymiae, (as Justinian calleth them,) cases merely of iteration and repitition, { are to be purged away…” Sir Francis Bacon, A Proposition to His Majesty “Let me therefore distinguish my self from (my colleagues) by the Study of the Civil Law, in its native { languages, those of Greece and Rome.” Diary of John Adams { Dawson v. Winslow, Wythe 114, 119 (1791) “whoever will look. .especially to the 118th Novel of Justinian. .will be convinced that that is the fountain from which (Virginia’s law of descents and distributions has) flowed. Davis v. Rowe, 27 Va. (6 Rand.) 355, 370 (1828) Virginia Statute of Descents and Distributions, 1785 “A s a scientific, constructive legal work, there has been nothing to compare with [the Restatements], not even the work of framing the Napoleonic Code, since under the direction of Justinian, the Roman law was given systematic expression.” ‐‐ALI President George W. Wickersham { Idaho v. Coeur d’Alene Tribe of Idaho, 521 U.S. 261, 284 (1997) Modern U.S. references Researching the CJC ʺClassification was not a strength of Roman jurisprudence. It was a methodology that the Romans borrowed enthusiastically from the Greeks, but in which they generally proved to be relatively inept.ʺ ‐ Andrew Borkowski & Paul du Plessis, Textbook on Roman Law (3d ed.), 153. CJC research Secondary Sources Borkowski’s Textbook on Roman Law Cambridge Companion to Roman Law Justinian’s Institutes Thomas or Sandars translation CJC Cite format (Edward Gibbon) D 47.2.15.3 Paragraph/ Part of Section CJC Book Law Title Older cites may only give Law+paragraph/section number Bluebook Style (Rule T2.34) CODE JUST. 2.45.3 (Diocletian & Maximian 290/293). DIG. 9.2.23 (Ulpian, Ad Edictum 18). J. INST. 2.23.1. NOV. 15.1 (535) Online sources –Blume’sCode and Novels (U. of Wyoming) Online Sources – Watson’s Digest translation (Penn Press) Online sources – archive.org Online sources ‐‐ Hein Tables of Contents Almost always present in print‐first editions Often English+Latin Sometimes just English Indexes Not in Monro’s or Watson’s Digest Other print‐first parts of CJC have them Pictures used Slide 4: Diocletian. In Diocletianʹs Palace, Split, Croatia, Hrvatska by User Alecconnell, Wikimedia Commons. https://commons.wikimedia.org/wiki/File:Diocletian_Bueste.JPG (Licensed under CC BY‐SA 3.0) Slide 4: Bust of Byzantine Empreror Theodosius II (reigned 408–450 AD) photo by Marie‐Lan Nguyen. https://commons.wikimedia.org/wiki/File:Theodosius_II_Louvre_Ma1036.jpg (Licensed under CC BY 2.5) Slide 5: Rome and its Empire: From the Founding of Rome to the Downfall of the Empire by The Map as History. http://www.the‐map‐as‐history.com/demos/tome12/12_03_founding_of_rome_downfall_empire.php Slide 6: Justinian’s Head. Mosaic from S. Vitale of Justinian and his Court. S. Vitale, Ravenna. https://en.wikipedia.org/wiki/Justinian_I#/media/File:Meister_von_San_Vitale_in_Ravenna.jpg (Public Domain) Slide 7: Tribonian bas‐relief in the U.S. House of Representatives chamber, sculpture by Brenda Putnam, photo by Architect of the Capitol, https://commons.wikimedia.org/wiki/File:Tribonian_bas‐ relief_in_the_U.S._House_of_Representatives_chamber.jpg (Public Domain) Slide 7: Scrooge McDuck picture from Billionaires are hoarding more cash, CNN Money (Sep. 23, 2014) http://money.cnn.com/2014/09/23/investing/billionaires‐hoarding‐cash‐wealth‐investing/ Slide 9: Selected Virginia legal titles including Daniel Callʹs copy of George Wytheʹs Decisions of Cases in Virginia by the High Court of Chancery (1795). http://lawlibrary.wm.edu/wythepedia/index.php/File:RarebooksWithWytheDecisionsOfCases.jpg Slide 9: Byzantine liturgical parchement scroll, 13th century. Exhibited in the Byzantine and Christian Museum in Athens. Picture by Giovanni DallʹOrto, November 12, 2009. https://commons.wikimedia.org/wiki/File:2049_‐ _Byzantine_Museum,_Athens_‐_Parchement_scroll,_13th_century_‐ _Photo_by_Giovanni_Dall%27Orto,_Nov_12.jpg Pictures used (cont.) Slide 10: The Imperial District of Byzantine Constantinople, by Wikimedia Commons user Cplakidas. https://commons.wikimedia.org/wiki/File:Constantinople_imperial_district.png (Public Domain) Slide 10: Theodora. Detail from the 6th‐century mosaic ʺEmpress Theodora and Her Courtʺ in the Basilica of San Vitale in Ravenna photo by The Yorck Project. https://commons.wikimedia.org/wiki/File:Meister_von_San_Vitale_in_Ravenna_008.jpg (Public Domain) Slide 15: The Eastern Roman Empire (red) and its vassals (pink) in 555 AD during the reign of Justinian I by user Tataryn77, Wikimedia Commons. https://commons.wikimedia.org/wiki/File:Justinian555AD.png (Licensed under CC BY‐SA 3.0) Slide 16: Byzantine Empire in 717 A.D. by users Amonixinator and Hoodinski, Wikimedia Commons. https://commons.wikimedia.org/wiki/File:ByzantineEmpire717%2Bextrainfo%2Bthemes.svg (Licensed under CC BY‐SA 3.0) Slide 17: Life of the Countess Matilda of Canossa by unknown miniaturist, Italian (active 1160s). https://commons.wikimedia.org/wiki/File:12th‐century_painters_‐ _Life_of_the_Countess_Matilda_of_Canossa_‐_WGA15961.jpg (Public Domain) Slide 18: Accursius, glossator (ca. 1182 –ca. 1260) from Yale Law Library. https://www.flickr.com/photos/29570076@N06/3799354450/ (Licensed under CC By 2.0) Slide 18: Picture of Irnerius from http://progressivegeographies.com/2010/10/22/irnerius/ Slide 19: Corpus iuris civilis : Digesta Justiniani. Infortiatum. Mit der Glossa ordinaria des Accursius und mit Summaria des Hieronymus Clarius. https://commons.wikimedia.org/wiki/File:Digesta_Justiniani_Infortiatum_1997304.jpg (Public Domain) Pictures used (cont.) Slide 21: Half‐title from volume one of Corpus Juris Civilis. From William & Mary Law Library, user Lktesar. (Licensed under CC BY‐NC‐SA 3.0) http://lawlibrary.wm.edu/wythepedia/index.php/File:CorpusJurisCivilis1663v1HalfTitle.jpg Slide 22: Title page for D. Justiniani Institutionum Libri Quator, The Four Books of Justinianʹs Institutions. http://lawlibrary.wm.edu/wythepedia/index.php/File:DJustinianiInstitutionum1761.jpg Slide 23: Theodor Mommsen in 1863 by Louis Jacoby. https://en.wikipedia.org/wiki/Theodor_Mommsen?oldformat=true#/media/File:Theodor_Mommsen _02.jpg (Public Domain) Slide 25: Wilhelm Kroll by anonymous. https://commons.wikimedia.org/wiki/File:Wilhelm_Kroll.jpg Slide 27: Samuel Parsons Scott by unknown. http://romanlegaltradition.org/blog/index.php?post/2014/11/02/S.‐P.‐Scott%2C‐translator‐of‐The‐Civil‐Law Slide 28: Professor Alan Watson by user Soloviev1, Wikimedia Commons. https://commons.wikimedia.org/wiki/File:Alan_watson_scholar.jpg (Public
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