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200
Beginning of post-classical period
POWER IN CLASSICAL ROME
Balance :
There was a balance between the three important groups who create and form the govern (emperor ——— POTESTAS, senate ——— AUCTORITAS, and patricians/plebs ——— MAIESTAS ), each one has a difference power which permits the organization of Rome system. This classical roman period ended when this balance broke up, beginning this way post- classical period, in the, aprox, 3rd century. -
212
Caracalla
Was the first emperor to try to resolve the problem which caused this broke up in the balance. In 212 he publish a constitution “Constitutio Antoniniana” where propose that all people into the Empire become citizens (not only into Rome). With this constitution the IUS CIVILE expanded for all people in the entire Empire. He brought the legal equality to Rome. -
284
Beginning of the Dominated
As a consequence of the disappearance of the balance of power, the emperor holds all power (power concentration: "Dominus et Deus"). The emperor also controls every field: judicial, legislative and government; apart from significant military power. The law was the most important source, so laws in this time were imperial enactments promulgated by the emperor, who, simultaneously, was working for reduce the relevance of the senate and people, for concentrate him all the possible power. -
284
Diocletian
This emperor was very important for the new govern system, due to the fact that his reforms divided the empire (Western Empire and Eastern Empire) for better administration.
- He created the tetrarchy (2 Augusti, 2 Caesars) —— government of 4 people for avoid the chaos and provide an organization more effective
- Diocletian retired (he died and the system disappeared), forced Maximiam to retire
- Chaos followed -
Period: 284 to 565
Dominate
Two important compilations: Codex Gregorianus and Hermogenianus (end third century) -
294
Codex Gregorianus
Is a compilation of private laws form emperor Adrian until 294, made in the time of Diocletian.
The materials were extracted from the imperial archives.
Among the constitutions, the rescripts prevail; the Code was mainly concerned with private law, devoted to criminal law some books, as well as local administration was concerned. -
323
Codex Hermogenianus
It is a compilation of laws of a private nature. The compilers drew their materials from the imperial archives. The Codex was compiled in the East by Hermogenianus, hence its name, and it was considered the complement of the Codex Gregorianus. -
330
Constantine the Great
CONSTANTINE THE GREAT (330 AD) treat to continue the reforms os Diocletian after his die but he couldn’t impide the invasion and fell of Western Empire. -
426
Lex of citations
Can only be cited in the trials: Papinianus, Paulus, Ulpianus, Modestinus and Gaius. -
438
Codex Theodosianus
It is a compilation of the laws in force in Roman law during the Lower Empire. This body of law was of an official nature, as it was drawn up the initiative of the Emperor, who was the sole legislator. Its drafting was begun in 429 by order of Theodosius II and promulgated in the eastern part of the empire in 438 by himself.
It is structured in 16 books divided into title, within which the Imperial Constitutions appear in chronological order. -
Period: 466 to 484
Euric
He promulgated the Code of Euric, becoming the first king who reduce laws preserved by tradition to writing and who wrote the first law Visigoth book/code.
It is called “vulgar” roman law.
This Code has not been preserved in its entirely. -
476
Fall of Rome
With fall of Rome in 476 AD the Western Rome Empire disappeared, and barbarians appear into the empire. Thus, the defining features of this period are: deterioration of classical Roman sources (by simplifications and epitomes); no activity in the senate neither in legislative assemblies (due to the prevalence of emperor's statutes); jurists creative activity disappears; and lex and iura were unified (p.e: lex of citations).
With this, the emperor controle all the legal activity. -
476
Barbarians
Some of them were allies of the Romans, as they made pacts and signed agreements in which they agreed to help the Romans conquer places in exchange for wealth and favours.
But due to certain disagreements and tensions this alliance was broken and the barbarians conquered Rome and the entire western empire in 476. -
476
Code of Euric
It was a collection of laws governing the Visigoths compiled at the order of Euric, King of the Visigoths, sometime before 480, probably at Toulouse; it is one of the earliest examples of early Germanic law.
It was made to serve as a rule for the Visigoths and to regulate their relations with Rome. -
484
Alaric II and his Breviary
"Lex romana visigothorum"
This text was approved and promulgated in an assembly of bishops and representatives of the King. His content are: leges (imperial constitutions:publics or privates), and iura (replies by classical jurists); sources: Codex Theodosianus - Gregorianus - Hermogenianus, Epitome Gai, Sententiae of Paulus, Libri responsorum of Papiniano; interpretatio: it was necessary to clarify law (the Epitome was an explanation); and commonitorium: the only text for trials. -
Period: 484 to 507
Alaric II
He was the King of the Visigoths in 484–507. He succeeded his father Euric as king of the Visigoths in Toulouse on 28 December 484; he was the great-grandson of the more famous Alaric I, who sacked Rome in 410.
His dominions included not only the majority of Hispania (excluding its northwestern corner) but also Gallia Aquitania and the greater part of an as-yet undivided Gallia Narbonensis. -
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Period: 527 to 565
Justinian
He is the reason of the appearance of the denominate ius commune.
He tried to reestablish the imperial territorial unification and the religious paece. He also restore the old Roman Law with his compilation of old legal history and sources which divided in different parts: the Codex (Code, the Digest (jurisprudence), the Instituta (books for teaching, textbooks) and the Novellae (latest statues)
In Middle Ages this compilation recibe the name of Corpus Iuris Civilis. -
568
Codex Revisus
It is a body of law created by the Visigothic king Leoviglid. In this new body of law, certain chapters were modified, eliminated and adde, such as the repeal of the law prohibiting mixed marriages between Visigoths and Hispano-Romans, thus unifying Hispano-Gothic society into a single, more cohesive whole.
This monarch's aptitude for legislative renewal was ultimately the consequence of the social, cultural and legal evolution of this new Visigothic kingdom. -
Period: 568 to 586
Leovigild
He contributed to territorial unification (defeat of the Suevi and the Byzantines) and to the strengthening royal power (plenitudo potestatis; exemptio ab imperio)
He also promulgated the Codex Revisus (a review of the Code of Euric). This code did not survive; laws appears in the Liber Iudiciorum with the inscription: antiquae. -
Period: 649 to 672
Receeswinth
This kind try to dominated the kingdom and he had problems with the nobility which he wants resolve. — Strengthening of royal power against the nobility
He promulgated de Liber Iudiciorum (654): Set of laws promulgated by several visigoths kings.
Independence from Roman Law (some similarity)
- To apply both, romans and visigoths
- Text for trials (the only)
- It was remained till Early Middle Ages -
654
Liber Iudiciorum
It was a body of Visigothic laws, of a territorial nature, established by King Recesvinto and probably promulgated in 654. It has gone down in history as the greta legal work of the Visigothic kingdom.
The Liber Iudiciorum repealed previous laws, such as the Breviary of Alaric for the Romans and the Code of Leovigild for the Visigoths. -
Period: 700 to 1000
THE DARK CENTURIES OF LAW
Law is not an autonomous science
. Law = arts of reasoning and expression and ethical standards (law was not an specific science)
. Sapientia: arts of the trivium - grammar (rules of discourse), dialectic (rules of reasoning), rhetoric (gave structure, form and elegance to exposition) - the only three science
. Law was included with these branches of knowledge. “Per pugnam sine iustitia”
. Force of arms or justice
. Solution in a conflict: by violence, not by justice. -
701
Disappearance of the Jurists --
As a professional category, they didn't exist until the 12th century. At this age there existed a lot of problems: hunger, epidemics or devastating plagues which made SURVIVAL the most important activity to do; also illiteracy, no professors, and teachers made cultural elites were in collapse. Judges judge because they were old persons who knew the customs (law was a simple way of work: jurists simplifies and summarize and judges follow the customs). -
1000
11th century
The society was divided into those who pray, those who fight and those who labor; legal professionals were not include in this framework and raft and commerce were also excluded. In the second half of the century it took place a radical renewal: the structure of “feudal civilization” was crumbling, cannons of all manual and professional operations were overthrown and new urban markets and new social classes appears.
Law now was important because it was the way to control these new way of live. -
Period: 1000 to 1100
The Renaissance
The Church split into the Eastern and the Western churches, and now we have two powers: canonical power (Pope) and civil power (king/emperor). The church role has more dignity and relevance than civil role, so the pope was more important that royal power.
The activity of church was save souls and the activity of civil power, govern the territory. In this period appears two works about Justinian’s legislative texts: Exceptiones Petri & Expositio ad Librum Papiensem. -
1075
Dictatus Papae
Gregory VII, 1075, Dictatus Papae: Gregorian reform in the canonical life. The investiture conflict or constroversy.
Now we have two powers: canonical power (Pope) and civil power (king/emperor) -
1100
12th century
In this period towns are the new forms of political power, so the relevance is the city and the trade. The feudal world permanence in the country size, at the time that town made people "free" ("city air makes freedom").
For the new jobs, we need new people, and in all these groups appears the jurists. They were needed for the new situations, for make contracts, defend property, rights, solve legal problems... We also need new law, civil law; for which the Roman law was important. -
1125
Irnerius
Irnerius was a jurist who lived in Bologna in the last years of the 11th century. He headed an important school of law, the so called SCHOOL OF BOLOGNA, also known as the school of the GLOSSATORS because they used a particular technique working with law: the gloss (the technique for briefly explaining law). He was the 1st that thought that roman law was the main source to be useful for law and society at this moment because with it we could solve all the legal problems at that time.
