Code Of Justinian Research Articles

Aspectos da societas romana

The article details some aspects of the Roman societas, which are analyzed not only based on the traditional Roman sources, but also according to the new breakthroughs and the modern Roman doctrine, aiming at the revision of previous concepts and studies of comparative law. It describes the origin and the most likely evolution of the partnership agreement in the Roman Law and its main characteristics. In the light of this, the article analyzes the main rules that govern the term of administration and the responsibilities of the managing partners. In particular, it examines the arguments presented by the diverse lines of thought concerning the criteria of responsibility in the classical period and the rules in the Justinian Code. Finally, the author discourses on the influence of the societas intuitus personae nature in the social relations.

The Status of the Jews in Roman Legislation: The Reign of Justinian 527-565 CE

The reign of Justinian (527–565 CE) was a period of significant legal activity: his administration produced two versions of the Justinian Code, the first in 529, and a second, revised version in 534. This code was designed to bring together all the laws that had been collected in earlier codes and those enacted since the last, the Theodosian Code of 438. In the process of compilation, obsolete or duplicate laws were removed, while the remaining laws were substantially edited. The Justinian Code remained in force in the Eastern Empire until the ninth century, while in the West it became influential in the twelfth century as the primary source of information about Roman law. The Justinian Code contains thirty-three laws relating to Jews. Additional laws are found in the Digest compiled in 533, which condensed and ordered the work of the Roman jurists, and in the Novels (new laws) of Justinian issued during his reign.

The Sins of the Fathers: A Neglected Constitution of Diocletian on Incest

This article argues that a constitution attributed to Diocletian and Maximian in a canon law ms from Paris, but to Justinian in four Justinian Code mss, and excluded from the main edition of the Code currently used by scholars, is a genuine tetrarchic rescript. It prevents the incest-born (not previously penalised under Roman law), from holding judicial or other posts, unless these incurred burdensome obligations, reflecting imperial concerns over demarcations of rank and performance of civic duties, but also Diocletian's emphasis on traditional Roman morality. The addressee is probably a governor of some eastern province, in which Roman law and local practice clashed. The language suits a third-century rescript, although some wording may represent Justinianic re-editing. With no apparent influence on later legislation, its textual history is uncertain, but the Paris text with its Diocletianic attribution should represent a line of transmission superior to the other copies.

DEFAMATION IN THE TROUBADOUR "SIRVENTES": LEGISLATION AND LYRIC POETRY

One of the features of satirical writing is that it transgresses textual boundaries in order to address issues and concerns understood by performer and audience to be extra-textual. Despite an awareness of the relations between troubadour sirventes and contemporary political and personal disputes, the possibility that these songs might have functioned as lampoons, and been received as slander, has not been fully addressed.1 The twelfth-century troubadour Marcabru is described in one of the fourteenth-century vidas composed about him as a slanderer: 'e dis mal de las femnas e d'amor' (`and he slandered women and love).2 Maldir,3 from the Latin male dicere, also maledictum or maledictio, means (in classical usage) slander, wicked gossip, criticism or insult.4 This definition is made clearer by the fate assigned the poet in the other vida: 'E fo mout cridatz e ausitz pel mon, e doptatz per sa lenga; car el fo tant maldizens que, a la fin, lo desfeiron li castellan de Guianlal, de cui avia dich mout gran mal' (`and he was much cried out [reputed?] and listened to throughout the world, and feared for his tongue; for he was so slanderous that, in the end, the castellans of Guyenne, whom he had slandered very badly, killed him').5 The precise definition of this maldir is left to the songs attributed to Marcabru in the manuscripts. The eventual murder may be a fictional device, similar to Peire Vidal having his tongue cut out by a knight, for claiming to be his wife's lover, or the death of Guillem de Bergueda at the hands of a footsoldier after a career of mayhem,6 but these violent punishments may be related to contemporary ideas about slander in poetry.7 The association between sirventes and violence is clearest in the vida and razos composed about Bertran de Born, but this corpus raises questions about general troublemaking, rather than the specific instances of slander to be examined here, and will therefore not be addressed in this article.8 The sirventes in a woman's voice previously attributed to Raimon Jordan attacks previous troubadours' songs for mal dir against women,9 and an anonymous cobla advises a woman to avoid slandering another, once again in these terms:10 (For a lady must avoid and reject the slander of another. And if slander of another lady does pass her lips, may she know she slanders herself.) The Latin term maledictum conflated slander with curse,11 but legislation under the Republic differentiated carmen malum, a sung curse aiming to harm the person, from carmen famosum, which attacks reputation.12 Among the dense writings on slanderous words in Quintilian and the Rhetorica ad Herennium,13 as well as in the use of invective curse by Ovid in Ibis and in the Tristia,14 it emerges that Roman society was extremely concerned with the delimitation and control of slanderous words, but that the use of slander, distilled in small doses through invective, insinuation and irony, was an essential ingredient of good oratory. The concerns are evident in the Justinian Code, which took over from the Theodosian Code as the basis for civil law from the twelfth century onwards.15 The two codes directly influence canon law on the subjects of slander and defamation, despite the surprising lack of a specific code on defamation in Gratian's Decretum. It is only with Gregory IX's Decretals that a coherent, but still unspecified, canon-law position emerges.16 This is partly due to the fact that secular courts and local custom tended to be responsible for such cases. Helmholz's study of civil cases of defamation in English church courts up to 1600 notes that the gap in Gratian's Decretum was filled through a provincial constitution promulgated in 1222. This piece of legislation, read aloud in all churches in England, covered all false accusations of crime (such as theft or adultery) but could be stretched to include such `personal defects' as illegitimacy or leprosy. Reparation was not mentioned, since the slanderer was excommunicated, but was implicit in the process of penance, which involved making amends to persons harmed. …

Gratian's Decretum and the Code of Justinian in Beneventan Script

Dans un article recent intitule Canonistica Beneventana, l'A. analysait l'apparition de collections de lois canoniques en ecriture beneventine. On ne possede pas de preuves de l'existence de collections a partir de l'epoque de Gratien en ecriture beneventine. Pourtant, cela ne doit pas etonner. Ce type d'ecriture appartient aux milieux monastiques. Il s'agit d'une ecriture lente, difficile a lire pour un neophyte. Par consequent, il est relativement normal de constater l'absence de trace du Decretum de Gratien en ecriture beneventine. Il faut dire la meme chose du Code Justinien

RENEWABLE RESOURCE POLICY : THE LEGAL-INSTITUTIONAL FOUNDATIONS

Review by Lee Wilson Attorney at Law, 506 W. Sycamore, Carbondale, IL 62901, USA. TEL: 618-549-6762. Adams, David A. RENEWABLE RESOURCE POLICY : THE LEGAL-INSTITUTIONAL FOUNDATIONS. Washington, D.C.: Island Press, 1993. 558 pp. US$75.95 cloth ISBN 1-55963-225-9(c). Recycled, acid-free paper. In today's ever shrinking world, it is not enough to view renewable resources from one point of view. Author David Adams correctly points out that [n]o longer does a scientific-technical-administrative background suffice for a natural resource manager. He or she must also have legal-political expertise (83). Adams tells us in his Preface to RENEWABLE RESOURCE POLICY that [a]n an analogy can be made between the resource manager and an athlete-- both must understand the rules of the game, the teams, and the players before they can effectively compete. From this vantage point, Adams offers readers an honest and serious look at renewable resource policy and delivers a compelling and thought-provoking work. Adams lays the foundation for his analysis in Chapter I by discussing three sources that form the basis of our modern legal system: the Judeo-Christian background most Americans share, the Roman Code of Justinian, and the Magna Carta of King John. He carefully explores each source and points out connections to present day law and policy. In Chapter II, we are reminded that we frequently forget [the] relationship [to] and the importance of constitutional law to natural resource management (29). Here, as a review of basic governmental powers, the author discusses each constitutional amendment and its relationship to natural resource policy. He goes over basic legal terms and does a commendable job of linking each one with natural resource policy. Public Domain is the topic of Chapter III. Adams begins by explaining that when the first European settlers reached the coast of North America, they found a society with little sense of land ownership. He then describes how Americans developed their concept of ownership of land and resources. The chapter includes accounts of the concept of federal land ownership and the evolution of public land policy. Adams carefully details how states carved from the public domain were never sovereign like the original colonies. This results in a distinction between those lands which are of public domain and those lands which may be termed public lands. He then discusses the system of public land surveys, land sales, land takes, and other forms of land disposal, all of which has led to land ownership as we know it today. The author also looks at some specific laws and regulations such as: The Forest Management Act of 1897, The Newlands Act of 1902, and The Taylor Grazing Act of 1934. In addition, the beginnings of the National Park Service, the National Forest System, and the Bureau of Land Management and their missions and responsibilities are discussed. In Chapter IV, Adams begins his task of investigating the many areas of natural resources. He begins by discussing Grazing Lands and then challenges each of the remaining areas: Forestlands and National Forests, Outdoor Recreation and National Parks, Wildlife and the National Refuge System, Wilderness, Soil Conservation, Water Law and Water Resource Protection, Fisheries, and the Coastal Zone. He also looks at the National Environmental Protection Act (NEPA) in relation to its roots, its troubles, and its victories.

On the Greek of the Code of Justinian: A Supplement to Liddell-Scott-Jones Together with Observations on the Influence of Latin on Legal Greek

On the Greek of the Code of Justinian: A Supplement to Liddell-Scott-Jones Together with Observations on the Influence of Latin on Legal Greek

The Doctrines of Specification and Accession: Potential Bases for Legal Ownership through Labor?

This paper explores the viability of the doctrines of accession and specification as potential sources of a historical-legal basis for ownership rights accruing to labor by recognizing its unique capacity to create value. Focusing on examples from American case law, the origin and development of these doctrines are documented. The changes in these doctrines, from their first appearance in the early civil law or Code of Justinian to the present, often reflect the historic changes in the composition of products, the legal relationship between labor and capital and the changes in the dominant mode of production. The purpose of this inquiry is to determine if a legal rationale exists which justifies collective ownership of the means of production.

Corroboration in Judicial Proceedings: English, South African and Sri Lankan Law on the Testimony of Accomplices Compared

BY THE time of Justinian the general rule that one witness alone was insufficient on any material point had become entrenched in Roman law. Explicit authority is to be found in the Digest' and in Justinian's code. 2 The Roman-Dutch law adopted this rule from the Roman law. Wassanaer3 mentions, as a clear illustration of this view, the refusal of the Parliament of Paris to convict on the uncorroborated evidence of Henry IV. Matthaeus4 regards this rule as absolutely sacrosanct, in that it cannot be abrogated even by statutory provisions. The fundamental character of the principle embodied in the maxim testis unus testis nullus is indicated by the status conceded to this rule by the canon or ecclesiastical law. The rudimentary principle of the canon law, that a single witness was in no case sufficient,5 was thought to derive from divine command.6 The extreme sanction with which this rule was invested in

TheLibellusProcedure and the Severan Papyri

When Saint Chrysostom's Prayer asks that the petitions of the Lord's servants be fulfilled as may be most expedient for them, it expresses what, in traditional autocracies, was expected of every ‘good king’ by his subjects. St. Louis, the model of a medieval king, would go regularly with his courtiers to the Bois de Vincennes, there to hear his subjects' petitions, seated under an oak. Dr. Millar has pointed out that Roman emperors were expected to be accessible to their subjects, especially those of humble station, in much the same way. The evidence shows that much of the emperors' time was taken up with answering petitions (in the form oflibelli) from private individuals or from groups of humbler people, and that it was only ‘bad’, lazy emperors who neglected this task. Not only was there a secretarial department for handling petitions, as distinct from epistles, but its head, thea libellis, was, according to Seneca, deluged with work. Literary sources, however, tell us little or nothing of value about the actual methods of accepting and handling petitions. For information on such topics we have to turn to the surviving texts of the ‘subscripts’ (subscripttones), the imperial replies to petitions (very few actual petitions survive). By far the largest number of these from the period of the Principate is to be found in the Code of Justinian, and they are mainly the work of the Severan and later third century emperors. In the process of transmission many of these texts have been abbreviated, and the formal elements have been omitted or garbled as a result, and it is from these formal elements that most can be learned about the procedures for handling petitions. One is therefore thrown back on the epigraphic and papyrus texts, in which these formal elements are often preserved.

The Headings of Rescripts of the Severi in the Justinian Code

The Headings of Rescripts of the Severi in the Justinian Code

The Roman Provincial Governor as he appears in the Digest and Code of Justinian. By Herbert Edward Mierow (Ph.D. Princeton). Colorado College Publications. General Series 140. Language Series, Vol. III., No. 1. Pp. 54. Colorado Springs: Colorado College, 1926.

The Roman Provincial Governor as he appears in the Digest and Code of Justinian. By Herbert Edward Mierow (Ph.D. Princeton). Colorado College Publications. General Series 140. Language Series, Vol. III., No. 1. Pp. 54. Colorado Springs: Colorado College, 1926.

The Law of Angary

The origin of the right of angary is traceable to early Roman times, and a study of its origin and development throws much light on the right as it is understood today. Several writers on international law refer to the first chapter, 41st verse, of Saint Matthew’s Gospel, as showing a possible origin of the term angary. This verse reads: Quicumque te angariaverit mille passus, vade cum illo et alia duo. (And whosoever shall compel thee to go one mile, go with him two.)The Greek word for compel or force is also cited, and it is clear that the idea of compelling some service was linked up with the early notion of angary.The following passage from the Justinian Code (529 A.D.) shows the word angary in its noun form, and shows that all classes alike were subject to the law: Nullus penitus cuius libet ordinis seu dignitatis, vel sacrosancta ecclesia, vel domus regia tempore expeditionis excusationem angariarum seu parangarium habeat.

The Geste of Auberi le Bourgoing

The ‘Geste’ of Auberi le Bourgoing, or Bourgignon (it is variously written) is contained in three MSS. all of which are in the Bibliothèque Nationale, Paris. The first and most important of these is No. 860, Fonds français, containing besides our poem a series of other ‘Gestes’ of leading importance. The ‘Auberi’ of this MS. is the most lengthy of the three, it numbers some 27,264 lines and is in excellent condition except that two or three of the last folios are wanting. The MS. is of about 1250 and is divided into two principal branches: that of Auberi and that of Lambert d'orridon; Auberi, however, being the most prominent character in both. The beginning of the second, which might escape attention unless one were reading the whole, is on the sixty-ninth folio of the poem which itself commences on page one hundred and thirty-four of the entire codex. A second MS. is No. 859, Fonds français, also of about 1250. It is shorter than the first, containing a little over 23,000 verses. The MS. is an interesting one. It was damaged in some way but has been very deftly repaired. The fly-leaves consist of portions of a Code of Justinian and of a book of devotions, both in Latin; its second branch, that of Lambert d'Orridon, commences on folio ninety-nine. The third MS. is No. 24,368, Fonds français, and contains 22,648 verses, ending, instead of the usual explicit, with the note: “ce fut fet l'an de grace MCC IIII XX XVIII le prochain mardy devant la nativité.” The second branch of this commences on folio fifty-two. There have been other MSS. of this ‘Geste’ but they are lost. C. Fauchet, the sixteenth-century philologist and critic, in a note he makes on the margin of folio one hundred and thirty-six of MSS. 860, speaks of another which has disappeared. Immanual Bekker in 1829, speaks of “eine dem Herrn Professor von der Hagan gehörige Pergamenthandschrift” of ‘Auberi,’ but where this may now be I was not able to discover (vide the preface to Bekker's ‘Roman von Fierabras,’ Berlin 1829). A search which I made in the manuscript catalogues of the Arsenal and Mazarin libraries and in those of the Department libraries which I. could find in the Bibliothèque Nationale, did not reveal anything further upon the subject.