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Diocletian ruled from 284 to 305 a.D. He divided the Empire for better administration, creating the tetrarchy. He also tried to regain the power the Imperium had before.
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3rd century: the balance disappears because the Emperor has all the power, and controls all areas. The Emperor promulgates Imperial enactments (constitutions were the most important legal sources), and "Senatus consulta" and "Plebiscita" lose their relevance.
There is general law ("orationes ad senatum" and "edicta"), special law ("Decreta", "Mandata", "Rescripta" and "Adnotatio") and the so-called "Pragmatica". -
In this period, we take distance from classical Roman sources, as they suffer a deterioration. (“Vulgar roman law”).
- Classical law was hard to understand, needing a simplification (“the epitome”).
- Prevalence of statutes (emperor’s law).
- Jurists’ activity disappears: "ius publicae respondendi". The responsa should disappear, but it could remain in some jurists the emperors decided.
- Unification: "lex" (law) – "iura" (jurisprudence, jurists’ opinion). -
It's a not official (because is particular/private) collection of constitutions (legal pronouncements) of Roman emperors the 130s to 290s AD.
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It is also a private collection of constitutions of the Roman emperors of the first tetrarchy (Diocletian, Maximian Augusti, and Constantius and Galerius Caesars) from the years 293–94. Most of the work hasn't survived. It was a reference until the appearence of the "Breviary of Alaric" and the "Codex Justinianeus".
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Theodosius I divides the Empire into the Eastern and Western Part. The part of the Eastern Roman Empire gives rise to the Byzantine Empire, whose capital will be Constantinople/Byzantium.
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It was designed to help judges deal with vast amounts of jurist writings on a subject and thus to reach a decision.
Authority was given to Ulpianus, Gaius, Paulus, Papinianus and Modestinus. If there was a conflict between the jurists, the majority view would prevail. In the event of an even number of views on each side, the view of Papinianus would be applied. If Papinianus expressed no opinion, the judge would then be free to use his own judgement. -
The "Codex Theodosianus" is a compilation of the laws in force in Roman law during the Lower Empire. It is structured in 16 books divided into titles, within which the Imperial Constitutions appear in chronological order. The first five books deal with private law; the sixth, seventh and eighth with administrative law; the ninth with criminal law; the tenth and eleventh with fiscal law; the twelfth to fifteenth with communal law; and finally the sixteenth and last books are devoted to canon law.
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This Code is promulgated by Euric (466-484), the first king that changed oral customs into written norms. -
The Western Part of the Empire disappears. The territory is divided into Diocesis, and Prefectures are ruled by the "Prefectus Pretorium". Barbarians (people outside the Empire threatened raids looking for a place to live) become a problem, but at first they had an alliance with Rome ("federati"). Visigoths appear in Spain.
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In the early Middle Ages law was not important, it had no relevance for the society. That’s why we talk about the dark centuries. Jurists disappear until the 12th century and illiteracy was a great problem. Judges judged following customs, they were not professionals.
Law won't be an autonomous science, it will be included with other branches of knowledge such as grammar, dialectic or rhetoric.
The solution for problems is violence ("per pugnam sine iustitia"). -
It is also known as "Lex Romana Visigotorum", and it's promulgated by Alaric II. It contains: "leges" (Imperial constitutions) and "iura" (replies by classical jurists) -Roman Law; sources as the "Codex Theodosianus", "Epitome Gai", "Sententiae of Paulus", "Libri responsorum of Papiniano", "Codex Gregorianus" and Hermogenianus; "Interpretatio" and "Commonitorium" (the only text for trials, so it’s compulsory to use this code).
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Justinian rules the Eastern part of the Empire from 527 to 565 AD. He didn't know the Western part of the Empire but he tried to recover the classical period. His three main goals are: territorial unification, religious peace and restore Roman Law preparing a compilation ("Codex", "Digesta", "Instituta" and "Novellae"). Justinian’s legislation doesn’t success, and only in Italy on the 6th century the emperor had important relevance. https://youtu.be/EbsxAsmNwzU
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With this king, the Visigoths turn totally independent from Rome. There is a territorial unification, as well as the strengthening of royal power ("plenitudo potestatis" - all the power is with the king).
He promulgates the "Codex Revisus", a review of the "Code of Euric" (laws appeared in the "Liber Iudiciorum" with the inscription: "antiquae"). -
Reccesvinth tries to solve the problems between the strengthening of royal power and the nobility.
He promulgates the "Liber Iudiciorum" or "Lex Visigothorum", laws promulgated by several Visigoth kings.
It causes the independence from Roman Law, because this text will be applied for Romans and Visigoths, will be used in trials and will remain until Middle Ages.
There is a discussion about if the codes were personal or territorial. -
The Church split into the Eastern and the Western churches. We can find jurists.
In the 11th century society is divided between clergy, nobility and peasants, and legal professionals are not in the framework. Trade will be considered practice for undue and illicit gain. On the second half there is a great change: old law was in force because tradition was important, the law God wanted. The idea is to rediscover old law. -
"Dictatus Papae" will be a Gregorian reform in the canonical investiture conflict (there was a problem between which was the most important power -civil or canonical). The emperor lost this conflict. (The first problem between church and civil power appeared in the 5th century with Gelasius I (Pope) and Anastasius I (Emperor) and the so-called THE "TWO SWORDS THEORY". Gelasius said that there appeared two different roles, but the church one had greatest dignity). -
Irnerius was a very famous 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 (they used the gloss for briefly explaining law).
He thought that with roman law we could solve all the problems. In particular, Justinian’s compilation (it was a organized system and maybe the best because of his rationality) .
We can start talking about "CORPUS IURIS CIVILIS". -
At the end of the 11th century, feudal civilization begins to crumble and there is an agricultural revolution. New urban markets and new social classes will appear, trade will be important and cities will grow. New rules are necessary.
In the 12th century towns are new forms of political power. Cities made people free. -
He was a monk who lived in Bologna and was part of the School in Canon Law. At the same time, he began to prepare the first part of an important compilation that later, in the Modern Age was known as "CORPUS IURIS CANONICI".
Both "Copus Iuris Civilis" and "Corpus Iuris Canonici" are the main sources of the "IUS COMMUNE".
