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Power in Classical Rome was known for its balance. This balance was divided in three groups: The Emperor, who had “potestas”, the Senate, which had “auctoritas” and the citizen Assemblies, which were composed by the Patricians and Plebeians. [https://youtu.be/OBDTjvDtTbg?feature=shared]
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Caracalla promulgated the Constitutio Antoniniana. This Edict made all the people under the Roman Empire Roman citizens, also known as the “ius civile”. This gave legal equality, however it was impossible to forget the particular laws. -
Period of distance and deterioration of Classical Roman Sources.
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These were called constitutions.
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General Law: “orationes ad senatum” (lectures for the Senate) and “edicta” (Edicts or Constitutions).
Special Law: “Decreta” (judicial orders), Mandata (instructions to officials), Rescripta (advice to officials and private individuals) and Adnotatio ( special and solemn rescripto). In addition, there also was the Pragmatica, which was used for exceptional situations. -
Collection of constitutions of Roman Emperors over a century and a half (130-290 AD). -
Collection of constitutions of the Roman Emperors of the first Tetrarchy (Diocletian, Maximian were the two Augusti; and Constantinus and Galerius the two Caesars). -
This Lex, indicated which jurists could be cited in the trials. The most relevant jurists were: Papinianus, Paulus, Ulpianus, Modestinus and Gaius.
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Compilation of the laws of the Roman Empire under the Christian Emperors since 312 AD. -
First king to reduce laws preserved by the tradition to writing. It was vulgar Roman Law and the Code has not been preserved. -
By Gelasius I. This theory explained the duality between the Church and the civil power. [https://youtu.be/sk5AOkmFov4?feature=shared] -
Also known as “Lex Romana visigothorum”. It’s a compilation of Roman Law for visigoths. It was approved in an assembly of bishops and representatives of the King. Its content consisted of:
-Leges (Imperial Constitutions) and iura (replies by classical jurists) = Roman Law.
- Sources: Codex Theodosianus, Epitome Gai, Sententiae of Paulus, Libri responsorum of Papiniano, Codex Gregorianus and Codex Hermogenianus.
- Interpretatio: it was necessary to clarify Law.
-Commonitorium: text for trials. -
Authority conferred to the Emperor by the Roman citizens. This gave the Emperor all the power which was directly transferred from the people and would then make him the total proprietary of the dictation of the laws and control of every field.
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Compilation by the emperor Justinian that consisted of four parts:
Codex (12 books): lex, constitutions, imperial constitutions.
Digesta ( 50 books): opinions of important jurists about different concepts related to Law.
Instituta (4 books): textbooks for students and teachers.
Novellae (appendix): novels that didn’t appear in the Codex.
[https://youtu.be/rHL4ExTFWzg?feature=shared] -
A review of the Code of Euric by the King Leovigild. This code did not survive: laws appeared in the Liber Iudiciorum with the inscription : antique. -
Set of laws promulgated by several Visigoth kings which were in force as General Law in Spain until the 12th-13th centuries. Applied to both Romans and Visigoths ( everyone who lived in Spain). It was the only text for trials. -
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Texts of the Justinian compilation that could be used to give a legal answer (Irnerius). -
Compilation of 27 statements of authority claimed by the Pope Gregory VII. -
These were two works about Justinian’s legislative texts. -
This institution was responsible for the rebirth of the jurisprudence in Bologna.
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