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Period: 27 BCE to 476
Roman Empire (Western Empire).
Influence that Roman law had in the development of western Europe legal system, in single legal systems.
Anthologies and epitomes (abstracts), people and even jurists didn´t understand law so it was necessary the interpretatio, it consists in summarizing and using easy words to explain its meaning.
- Alaric: 506: An anthology as law: The Roman Law of the Visigoths
- The same in other lands
- Legal culture in crisis.
- Jurists capable of little -
Period: 27 BCE to 211
Before Constituio Antoninia.
- Latins: people who live outside of Rome; Lazio is a country around Rome, were lived latins, they had their own law (IUS LATII), some rights were in common between "Ius Civile" and "Ius Latii".
- Peregrinus: rest of people, and they had the natural law or particular law in their country but based on "Ius Gentium".
- Outside the empire appeared, we can also find barbarian, they lived with their own culture, language….
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212
Constitutio Antoninia.
The Emperor Caracalla was an important empire, that had the power after many civil wars, try to solve the consequences produced by those civil wars, appeared in the third phase something happened that broke their balance, and that introduced the post classical period. He writes the "Constituio Antoninia" in which people into the empire (citizens) had a larger number of rights, because of the "Ius Civiles". -
Period: 284 to 641
Dominate period.
Emperor: constitutions.
Senate: senatus consulta and patricians promotes plebiscite-ae.
General laws: orations ad senatum and edicta, lectures that the emperor gave to the senate in order to make the constitution, they didn´t made it, they were agreed with the emperor.
Special laws: Decretal; Mandata; Rescripta; Adnofatio.
The so-called Pragmatica: for exceptional situations. -
Period: 284 to 305
Diocletian Period.
The second emperor was Diocletian. He was the first emperor to try to solve the crisis, in the period of dominate. He was very important because of his reforms specially organisation of the territory. -
330
Constantine (The Great).
The situation of Rome, the eastern part, appeared the Byzantian Empire Bicarus, control the different diocedes (the form to control the territories Rome before it was invaded), the problem of the Rome empire, were the barbarian’s people that live out of the frontiers, and we can highlight the Visigoths that were looking for a place to
stay (spain-toledo). Spain was invaded. The fall of Rome, at the end of the fifth century, the western empire was invaded. -
Period: 395 to 1453
Roman Empire (Eastern Empire).
- Situation very different
- Constantinople, rich libraries (Alexandria Berytus)
- Justinian work
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438
Codex Theodosianus (Roman law).
Visigoths. -
Period: 466 to 484
Euric (Visigoth King).
First king to reduce laws preserved by the tradition to writing
Vulgar roman law,
Code has not been preserved in its entirely, nowadays we only have some fragments. -
506
Breviary of Alaric (Roman law)
Approved in an assembly of bishops ande representatives of the king.
Leges.
Sources: Codex Theodosianus, Epitome Gai, Sententiae of Paulus, Libri responsorum of Papiniano, Codex Gregorianus and Hermogenianus, Interpretatio.
Commonitorium: the only text for trials. -
Period: 527 to 565
Justinian Period.
Post-classical: No activity in the Senate neither in legislative assemblies. The senate promulgates the senatus consulta, not important. People promulgates plesbicita.
Jurists activity disappears: "ius publicae respondendi".
Unification: lex, iura .
Lex citations: 426. Can only be cited in the trials: Papinianus, Paulus, Ulpianus, Modestinus and Gaius , they have different opinions, the high number of the same opinion is the final decision -
654
Liber Iudiciorum.
King Recceswinth (649–672), published the enlarged law code, which was the first law code that applied equally to the conquering Goths and the general population, of which the majority had Roman roots, and had lived under Roman laws. -
1000
11th Century
The church split into the Eastern and the Western churches
Gregory VII, 1075, Dictatus Papae: Gregorian reform in the canonical life. The investure conflict. That it may be permitted to him to depose emperors.
The problem is between the two most important persons in the world, Papae I and the emperor.
Gelasius I, the two swords theory: the civil sword and the canonical sword (more important)
Two works about the Justinian´s legislative texts: Exceptiones Petri & Expositivo ad Librum Papiensem