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Scarcity of sources, altered sources, lack of data, not entirely reliable data.
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Justinian tried to do a territorial unification, religious peace and finally restore the old Roman Law. Compilation: Codex, Digesta (jurisprudence: jurists’ opinion and solutions to problems), Instituta (books for teaching), Novellae.
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2 consuls elected to have Imperium. Magistrates have potestas while jurists have autoritas. The pretor writes the edict.
In this time the senatoconsulto doesn't have binding force. This will happen later in the Principality. -
Divided the empire in Western and Eastern for better administration.
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An age without jurists. Law is not important. Jurists don’t “exist” until the end of the 11th century.
These centuries are known as the Dark Centuries.
People focused on surviving (hunger, epidemics…).
Kings can’t write or read (the cultural situation was poor).
There weren’t professors, teachers; they were in collapse.
Judges judge because they are old persons who know and knew the customs.
Jurists don’t know the law. -
Gregory VII, Gregorian reform in the canonical life. The investiture conflict (the problem with the civil power or Emperor). They though that the Pope had to be more important than the Emperor.
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In the 12th century: Towns are new forms of political power. People wanted to go to the city to be free. In the countryside they were under the feudalism.