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212
EDICT OF CARACALLA
Emperor Caracalla extended Roman citizenship to all free inhabitants of the empire.It was a legal text by means of which an important reform was carried out with repercussions on the ius civile and the fiscal sphere of the empire. The reasons for its enactment are believed to have been Caracalla's intention to increase the empire's tax revenue by increasing the number of people who would have to pay taxes. -
Period: 235 to 527
DOMINATED
Autocratic regime established by Diocletian and consolidated by Costantino. It was important due to the reforms, especially in the organization with the territories. Then divided the empire for better administration: Occidental(Maximun) and oriental(Diocletian).
- Tetrarchy( 2 Augusti, 2 Caesars) -
Period: 235 to 527
POST-CLASSICAL ROMAN LAW
- They tried to summarize the classical law( EPITOME).
- Prevalence of statutes( Emperor’s law).
- Jurist activity disappears
- Unification: lex(law) -iura(jurisprudence, jurist, opinions)
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291
CODEX GREGORIANUS
The Gregorian Code is from a private compilation of laws from Emperor Hadrian to 294,made in the time of Diocletian.The need was felt to collect collections for the use of practice and teaching, especially iurisprudentia;it began to be provided at the end of that century by private initiative.The materials were extracted from the imperial archives.Rescripts prevail among the Constitutions.The Code dealt predominantly with private law.Contents related to criminal law and administrative law appear -
295
CODEX HERMOGENIANUS
The Hermogenian Code was a legal compilation published in the time of the Emperor Diocletian.
Necessary collection that collected imperial constitutions and rescripts for the use of practice and teaching, especially when it comes to less the jurisprudence.
The Hermogenian Code is a compilation of private laws. The compilers extracted their materials from the imperial archives. The Codex Hermogenianus was compiled in the East by Hermogenian. -
330
BYZANTINE EMPIRE
The Byzantine Empire was made up of all the eastern territories that belonged to the Roman Empire. It was officially created in 395, when the western and eastern territories were definitively separated. Its rise and fall mark the beginning and end of the Medieval Era. -
395
ROMAN EMPIRE DIVISION
In the year 395 d. C., when the decline of the Roman Empire was already evident, the emperor Theodosius decided to divide the vast territory that he governed between his two sons: he delegated the eastern part to Arcadio and the western part to Honorius. While the eastern territory achieved a certain stability, the Western Empire was plagued by political conflicts and the progressive advance of the barbarian tribes. -
426
LAW OF CITATIONS
The quotation law, drawn up by the Emperor Valentinian III, is a norm that regulated the recitatio of the works of Roman jurists before the courts, that is, it established which jurists (Gaius, Papiniano, Paulo, Ulpiano and Modestino) could be invoked and the criteria for the judge's decision when their opinions were diverse. It established that exclusively the works of could be cited. -
438
Codex Theodosianus
The Theodosian Code is a source of creation of the Law, since it compiles the imperial constitutions in force at the time of the Low Empire. In addition, it is a work that emanates from public power, as it was promulgated by the emperors Theodosius II and Valentinian III. It should be noted that there were two emperors because at this time the official division of the Roman Empire into two parts, East and West, had already taken place. -
476
FALL OF ROME
The Ostrogoths, one of the barbarian peoples, managed to take Rome and depose the last Roman emperor in the western part. In 410 the troops of the Visigoth Alaric sacked Rome, causing a general commotion throughout the Empire. -
Period: 476 to 1100
High Middle Ages
During this period feudalism, a political and socioeconomic system based on relationships of personal fidelity, took shape.
- Society of the 11th century: those who pray, those who fight, those who work.
- Legal professionals were not in this framework.
- Handicrafts and commerce were also excluded as a practice for undue reasons and illicit profit. -
480
CODE OF EURIC
It was a legal body of Visigoth Law, consisting of a compilation of laws, ordered by the Visigoth king Eurico.
- First king to reduce laws preserved by the tradition to writing.
- Code has not been preserved in its entirely. Now we only have some parts of the code. -
506
BREVIARY OF ALARIC II/ Lex Romana Visigothorum
Approves in an assembly of bishops ande representatives of the King.
-Leges and Iura(replies by classical jurist)= Roman law.
Sources: Codex Theodosianus is a official work, promulgated by the emperor, Epitome Gai(iura) it wasn’t a emperor decision, Sententiae of Paulus, Libri responsorum of Papiniano, Codex Gregorianus and Hermogenianus.
- Interpretatio: it was necessary to clarify law. Epitome was an explanation law.
- Commonitoriun: the only text for trials. -
Period: 507 to 711
Visigoths in Hispania
The Visigoths were a federated people, they had pacts with the Roman Empire. Their initial settlement was in the south of France, but after the fall of the Roman Empire in 476 and the defeat against the Franks at Vouillé in 507, they settled permanently in the Iberian Peninsula, with their capital in Toledo. -
Period: 527 to 565
JUSTINIAN
A very important emperor, for legal history. Justinian can explain the reason of IUS COMMUNE in all Europe.
He had three important goals: territorial unification, he tried to recover the different parts that Rome had lost. He restablished THE imperial and religious peace. Restore old Roman Law:
- Compilation: Codex(Code), Digesta(jurisprudence), Instituta(books for teaching, textbooks), Novellae(latest statutes). Justinian tried to recoverers law of before emperors. -
529
CODEX VETUS
Justinian brought together all the constitutions from Hadrian to his days, as well as their many variations. He classified everything by subject different titles and formed from them a work that appeared in the year 529 known by the name of Codex Iustinianus or Code of Justinian. The code was confirmed by a constitution of the emperor (the Codex Vetus). There was a subsequent revision on 534 with the name Codex repetitae praelectionis. -
533
IMPERATORI IUSTINIANI INSTITUTIONES
They are a set of books or manuals intended for the introductory teaching of Roman Law to the young apprentice lawyers. Tribonian together Teófilo and Doroteo formed a highly compendium system of law with the name of Instituta. In this work the first principles of science were to be presented and modern practice consulted. Institutes of Gaius and the new constitutions of Justinian were also taken into account. -
533
DIGESTA IUSTINIANI
Justinian commissioned Triboniano and sixteen other important lawyers, to take from the works of the most famous jurists all those doctrines that could still be used in practice: gathering these extracts by subject and under different titles, the writings of thirty-nine jurists were certified. The work was divided into fifty books in seven parts corresponding to the Edict.
All this immense compilation was called Digest or Pandecta (Greek word equivalent to digesta). -
534
NOVELLAE CONSTITUTIONES
They are imperial constitutions issued after 534. Written in Latin and Greek. -
Period: 568 to 586
LEOVIGILD
- Territorial unification in Spain: defeat of the Suevi and the Byzantines.
- Strengthening royal power: plenitudo potestatis (Visigoth kings have full power) and exemptio ab imperio (the total separation of any imperial bond). They broke with Roman Empire.
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580
Codex Revisus
Leovigild promulgated an important code. A review of the code of
Euric, as it no longer depends on the Roman Empire. This code did not survive: laws appeared in Liber Iudiciorum with the inscription: antiquae. -
654
Liber Iudiciorum
- Set of laws promulgated by several Visigoths kings.
- Independence from Roman Law. Although some of the laws that appeared on that code were influenced from Roman law.
- It was a text of mandatory compliance in trials.
- Had a territorial nature, so that all the inhabitants of the empire were governed by it. It was remained till Early Middle Ages. This text was forced until 13 century.
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1000
ELEVENTH CENTURY
A time of changes
- The church was divided into eastern and western churches.
- Gregory VII, 1075, Dictatus Papae: Gregorian Reformation in Canonical Life. The investiture conflict.
- Two words about Justinian's legislative texts: exceptions Petri & Expositio ad Librum Papiensem.
- Radical renovation of the second half of the 11th century (Reinassance 11th-12th) -
Period: 1050 to 1125
IRNERIUS
He created the law bologna school: "SCHOOL OF THE GLOSSATORS". He realized that the solution lay in Roman law: Justinian compilation because he thought it was the best law in the world. This was the moment when the expression of the Corpus Iurus Civils born. This was found in different pieces by different people. Main actor of the final edition. Irnerius was the author of the epitome of Justinian's Novellae, called Authentica. -
1075
DICTATUS PAPAE(included the political-religious ideology of Pope Saint Gregory VII).
According to the Dictatus Papae, the unity of Christian society is founded only by faith. The secular order has no other function than to execute the orders formulated by the clergy and their absolute monarch, the Pope, vicar of Christ. In fact, the Pope is the only legitimate holder of the Empire, who can delegate his power to the temporal sovereigns and rebuke their rule. The Emperor is considered as a simple subordinate cooperator of the Pope. -
1100
REINASSANCE 11TH- 12 TH
Why jurist are needed? For the new situation, for contracts, defense of property, rights, problems. Jurists are needed at this time. So at the same time we need the law, civil law. Roman law was important, a renaissance of Roman law. -
Period: 1100 to 1453
LOW MIDDLE AGES
- Structure of "feudal civilization" was crumbling.
- Canons of all manual and professional operations were overthrown.
- New urban markets and new social classes: the bourgeoisie. FROM THE FEUDAL WORLD TO URBAN CIVILIZATION
- 12th century Towns (the resurgence of the cities) are new forms of political power. "The air of the city sets us free". In the countryside, feudal world.
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1140
Decretum Gratiani
Gratianus began to prepare the first part of the Corpus Juris Canonicie.The realization of the Decretum was an impressive job since during the first eleven centuries of the Church there were a multitude of norms of all kinds.The work consisted of compiling all these sources and cleaning them of contradictions.Despite the fact that the Decree was not officially promulgated it reached great diffusion in practice because of the authority of the texts collected in it:roman sorces, local councils...