Corpus Juris Civilis
Justinian I ascended to the imperial throne in Constantinople during 527. Six months after his accession, he arranged for a new collection of imperial constitutions known as the Codex Justinianus. The commission responsible for this task held explicit authority to delete obsolete or contradictory text from existing laws. By the 7th of April 529, the first edition of the Code was completed and granted force throughout the empire. This new code replaced all earlier constitutions including the Codex Theodosianus. A second edition appeared in 534 containing some legislation written in Greek alongside Latin texts. Justinian then appointed Tribonian to lead a commission tasked with compiling traditional jurists' law into a shortened codification called the Digest. That commission finished its work within three years by 533.
The Corpus Juris Civilis comprised four distinct parts each given full legal authority. The Codex contained most existing imperial pronouncements dating back to Emperor Hadrian. It utilized models from fourth-century collections like the Codex Gregorianus and Codex Hermogenianus. The Digest served as an encyclopedia composed of brief extracts from writings of Roman jurists. Excerpts came from thirty-eight different jurists who were assumed to have authority over clarifying law. The Institutes functioned as a student textbook mainly introducing the Code while offering important conceptual elements less developed elsewhere. Two-thirds of the Institutes consisted of literal quotes from Gaius's Institutiones. These materials became mandatory reading for jurists in training starting the 21st of November 533. The Novellae represented new laws passed after 534 which later formed a fourth part of the collection.
Numerous provisions secured Christianity as the state religion of the empire uniting church and state. Anyone not connected to the Christian church ceased to be considered a citizen under these laws. Chalcedonian Christianity defined by the state church excluded major sects such as the Church of the East and Oriental Orthodoxy. The very first law required all persons under imperial jurisdiction to hold the Christian faith. This text targeted heresies including Nestorianism and later influenced discussions regarding international law jurisdiction. Other laws forbade specific pagan practices even if they did not ban belief itself. A person present at a pagan sacrifice could be indicted as if guilty of murder. These measures criminalized non-Christian activities while enforcing religious conformity across the Byzantine territories.
As administrative language shifted away from Latin legal codes based on the Corpus were enacted in Greek. The Ecloga appeared in 740 enacted by Emperor Leo the Isaurian. Later came the Prochiron and Epanagoge around 879 under Basil the Macedonian. The Basilika began late ninth century started by Basil the Macedonian and finished by his son Leo the Wise. This complete adaptation reached sixty volumes proving difficult for judges and lawyers to use. Constantine Harmenopoulos created a short version called Hexabiblos in six books during 1345. He was a judge from Thessaloniki who simplified the massive Basilika for practical application. This shortened code remained widely used throughout the Balkans during the Ottoman period. It formed the basis of the first legal code for independent Greece in the 1820s. Serbian state law built upon Romano-Byzantine foundations including Dušan's Code from 1349 and 1354.
Historians disagree on how the Corpus Juris Civilis recovered in Northern Italy around 1070. Disputes between the Holy Roman Empire and papacy likely contributed to its rediscovery. A complete sixth-century copy known as Littera Florentina survived in Amalfi before moving to Pisa. Incomplete manuscripts like Epitome Codicis circa 1050 preserved most of the Codex text. Pepo taught Justinian's text at Bologna followed by Irnerius who developed a new teaching technique. Irnerius read passages aloud allowing students to copy them then delivered explanations called glosses. His pupils became known as the Four Doctors of Bologna establishing medieval Roman law curriculum. Accursius authored the last important gloss which became standard reference material. French lawyers known as Ultramontani carried this tradition forward into the thirteenth century. The University of Bologna remained dominant center for studying law through High Middle Ages.
A two-volume edition of the Digest appeared in Paris during 1549 and 1550 translated by Antonio Agustín Bishop of Tarragona. Volume one contained 2934 pages while volume two held 2754 pages. Referring to Justinian's Code as Corpus Juris Civilis only adopted in sixteenth century when printed 1583 by Dionysius Gothofredus. Translations into French German Italian and Spanish emerged throughout nineteenth century. No English translation of entire Corpus existed until Samuel Parsons Scott published his version in 1932. Scott did not base his work on best available Latin versions leading to severe criticism. Fred H. Blume used superior editions for translations of Code and Novels. A new English translation based on Blume's work published October 2016 by Cambridge University Press. Another complete annotated English translation of Novels released 2018 primarily from Greek text.
The legal thinking behind the Corpus served backbone for single largest modern legal reform known as Napoleonic Code. This code marked abolition of feudalism yet reinstated slavery in French Caribbean territories. Napoleon wanted these principles introduced across Europe creating more equal society through effective rule. The Corpus continues influencing public international law significantly today. Its four parts constitute foundation documents of Western legal tradition. Ecclesiastical authorities quarried its public law content for arguments during medieval periods. Church lived by Roman law according to contemporary ecclesiastical sources. Common law systems experienced much smaller influence though basic concepts survived through Norman law. Contrast between statute and custom entered medieval thought directly from Justinian's Institutes. Modern civil law jurisdictions trace their foundations back to this recovered Roman law tradition.
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Common questions
When did Justinian I ascend to the imperial throne in Constantinople?
Justinian I ascended to the imperial throne in Constantinople during 527. He arranged for a new collection of imperial constitutions known as the Codex Justinianus six months after his accession.
What are the four distinct parts of the Corpus Juris Civilis and when were they completed?
The Corpus Juris Civilis comprised four distinct parts: the Codex, the Digest, the Institutes, and the Novellae. The first edition of the Code was completed by the 7th of April 529, while the Digest commission finished its work within three years by 533.
How did the Corpus Juris Civilis affect religious freedom and citizenship under Byzantine law?
Numerous provisions secured Christianity as the state religion of the empire uniting church and state. Anyone not connected to the Christian church ceased to be considered a citizen under these laws.
Who created the Hexabiblos and what was its purpose regarding the Basilika code?
Constantine Harmenopoulos created a short version called Hexabiblos in six books during 1345. He was a judge from Thessaloniki who simplified the massive Basilika for practical application.
When and where was the Littera Florentina discovered and how did it influence legal education?
A complete sixth-century copy known as Littera Florentina survived in Amalfi before moving to Pisa around 1070. Pepo taught Justinian's text at Bologna followed by Irnerius who developed a new teaching technique involving glosses.
Which English translation of the Corpus Juris Civilis is based on superior editions published recently?
Fred H. Blume used superior editions for translations of Code and Novels. A new English translation based on Blume's work published October 2016 by Cambridge University Press.
All sources
13 references cited across the entry
- 1webGW Law Library: Library Guides: Roman Law Research: Corpus Juris CivilisReference Department
- 2bookThe Oxford Classical DictionaryTony Honoré — Oxford University Press — 2005
- 3bookThe novels of Justinian: a complete annotated English translationPeter Sarris — Cambridge University Press — 2018
- 4encyclopediaBasilica Byzantine Empire, Roman Empire, Legal System6 Oct 2011
- 6bookThe Cambridge Companion to Roman LawWolfgang Kaiser — 2015
- 8bookThe History of Courts and Procedure in Medieval Canon LawCatholic University of America Press — 2016
- 9encyclopediaEcloga20 July 1998
- 10journalThe concept of marriage in Roman, Byzantine and Serbian mediaeval lawSrdjan Sarkic — 2004
- 12bookRoman Law, Classical Education, and Limits on Classical Participation in America into the Twentieth CenturyTimothy Kearley — Veterrimus Publishing — 1975