Codex Theodosianus
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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). -
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. -
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 2015 The orC pus Juris Civilis Frederick W. Dingledy William & Mary Law School, [email protected] Repository Citation Dingledy, Frederick W., "The orC pus Juris Civilis" (2015). Library Staff Publications. 118. https://scholarship.law.wm.edu/libpubs/118 Copyright c 2015 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 Law Library of Louisiana and Supreme Court of Louisiana Historical Society New Orleans, LA – November 12, 2015 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) “Arms and laws have always flourished by the reciprocal help of each other.” Tribonian 528: Justinian appoints Codex commission Imperial constitutiones I: Ecclesiastical, legal system, admin II-VIII: Private IX: Criminal X-XII: Public 529: Codex first ed. {{Codex Liber Theodora (500-548) 530: Digest 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. -
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. -
177 Roman Anti-Jewish Legislation And
177 ROMAN ANTI-JEWISH LEGISLATION AND ADVERSUS-JUDAEOS LITERATURE by DITLEVTAMM (Copenhagen) Ad: H. Schreckenberg,Die christlichen Adversus-Judaeos- Texte und ihr literarischesund historischesUmfeld (1.-11. Jh.), Frankfurt am Main [1990]* The author of this most recent book on the medieval controversies between Christians and Jews is a philologist and a professor of the University of Munster. In this book that was first published in 1982 he has taken up the task of collecting texts that were in some way related to the controversies between Christians and Jews in the Middle Ages, the `adversus-Judaeos'-literature. After a chapter dedicated to the Old and New Testament themes in this litera- ture, he meticulously lists the authors who have left work within this field. It is an impressive register of names and works listed chronologically from the Rab- binic literature, the Apostolic Fathers, the Fathers of the Church, and texts from the Theodosian Code and the Codex Justinianus until the end of the eleventh century. From the legal historian's point of view the book is especially interesting for its information about those texts that form the intellectual background upon which the anti-Jewish legislation in the Roman Codes should be understood. Most of this legislation is contained in the Codex Theodosianus (429-438). The main part of legislation regarding the Jews is found in title 8 of the six- teenth book: De judaeis, caelicolis et samaritan is - a total of 29 orders - as well as title 9 of the same book: Ne christianum mancipium judaeus habeat - contain- ing 5 orders. -
The Religious Administration of Constantine
The religious administration of Constantine MORTEN WARMIND University of Copenhagen Abstract Much of Håkan Rydving's work deals in one way or another with the influence of Christianity on the Saami-peoples. In my paper I explore how Constantine promoted Christianity through his time as emperor in the laws he issued. It is my argument, that Constantine really did nothing - or very little - that was without precedent, but that his care- ful method and his longevity as ruler was among the reasons for his success in creating the beginnings of a Christian Empire. Keywords: Roman Empire, Constantine, religious administration, Chris- tianisation, Codex Theodosianus Håkan Rydving published his thesis ‘The End of Drum-Time’ in 1993. It is sub-titled ‘Religious Change among the Lule Saami, 1670s–1740s’, and in it he discusses and clarifies the change of religion which took place in a culture confronted by missionaries working to effect as much change as they could. The work of these missionaries was based on the power of the state, and indeed used physical destruction of the primary religious instru- ments – drums – as a means of conversion, mirroring the great Christian missionaries like Martin of Tours in the fourth century or possibly the ninth-century missionaries to the north like Ansgar. The story of the con- version of large areas of the globe to Christianity is generally one of force and power – the machinery of a central state and sometimes even a hostile foreign power – being used to promote, propagate, or, if possible, simply force a new religion on a people on the periphery. -
Tradition and Technique of Codification in the Modern World: the Louisiana Experience John H
Louisiana Law Review Volume 25 | Number 3 April 1965 Tradition and Technique of Codification in the Modern World: The Louisiana Experience John H. Tucker jr. Repository Citation John H. Tucker jr., Tradition and Technique of Codification in the Modern World: The Louisiana Experience, 25 La. L. Rev. (1965) Available at: https://digitalcommons.law.lsu.edu/lalrev/vol25/iss3/5 This Article is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. It has been accepted for inclusion in Louisiana Law Review by an authorized editor of LSU Law Digital Commons. For more information, please contact [email protected]. TRADITION AND TECHNIQUE OF CODIFICATION IN THE MODERN WORLD: THE LOUISIANA EXPE- RIENCE* John H. Tucker, jr.** It has now been 160 years since France adopted its Civil Code, and thereby started a movement for the codification of civil law throughout the world. But in that lapse of time there have been cataclysmic changes in the social, political, economic, and physical circumstances of life which necessitate an exami- nation of the laws by which we live in order to find out whether they are adequate and proper in this fantastic space age which characterizes the modern world. Within the past decade, new nations have been swept into existence on a wave of anti-colonialism. Many of them need to have a complete redaction of their private as well as their pub- lic laws after it has been determined objectively to what extent, if any, the laws of the colonizing sovereignties have affected or supplanted local laws. -
Anglo-Saxon Constitutional History
ROMAN LAW IMPERIAL CONSTITUTIONS AS A SOURCE OF LAW CODIFICATION WHAT DOES IT ALL ADD UP TO? I. SOURCES OF LAW (IMPERIAL CONSTITUTIONS) 1. Gaius tells us that “An imperial constitution is what the emperor by decree, edict, or letter ordains.” ‘Constitution’ (constitutio) is the generic term; the word means simply something established or decided. ‘Decree’ (decretum, plural decreta), ‘edict’ (edictum, plural edicta), and ‘letter’ (episutla, plural epistulae) are more specific. The terminology reflects, to some extent, the development of the bureaucracy of the imperial chancery, but also the different contexts in which the emperor might write. a. Edicta. The emperor was a Republican magistrate with imperium. As such, he had the power to issue edicts. Hadrian issued some. The Constitutio Antoniniana of Caracalla is one. Perhaps the most famous is one that probably never was issued: Luke 2:1. b. Decreta are technically judicial decisions of the emperor either at first instance or on appeal. As we have noted previously, appeal was something new. It became possible with the extraordinaria cognitio when the judge himself became a public official. c. Epistulae are letters to a magistrate, very occasionally to a private citizen. If the letter answered a question it was called a rescriptum (‘rescript’, literally a ‘writing back’). d. Subscriptiones were written under a letter coming from a private citizen or on a libellus, a petition from a private citizen. They remained in the imperial archives but the author received a copy. These were also called ‘rescripts’. e. Mandata are instructions from the emperor on imperial administrative matters. 2.