the corpus iuris civilis Flashcards
(18 cards)
What is the primary aim of the Iuris corpus project?
To restore the Roman empire back to its former glory
This involves reviving and clarifying the legal framework established during the Roman era.
What is the significance of imperial legislation in the context of the emperor?
It is closest to the emperor as a source of law
The emperor has the authority to make and direct law.
What challenge does a continuous line of emperors present?
It makes it difficult to discern what the law actually is
is a deceased emperor’s authority greater than that of a current emperor?
Variations in legislation can create confusion over legal precedents.
According to the Code of Justinian, what is the authority of custom compared to statute?
Custom is not sufficient to prevail against reason of statute
Statutes and written law are prioritized over customary law.
What role do the writings of the jurists in the digest play?
They are a source of law due to the emperor’s authority backing them
They shaped the intellectual development of Roman law.
What limitation existed regarding the jurists before the digest?
They did not record cases, hence no case law was developed
This necessitated reliance on their writings for legal development.
How did jurists influence the law indirectly?
Similar to university academics
Their intellectual contributions informed legal principles without direct legal authority.
What was the primary concern that led Justinian to plan the codification of the law?
The confused state of the law
What was the purpose of the Codex Vetus?
A compilation of all extant imperial legislation
What power did the commission (for the Codex) have regarding obsolete laws?
The power to eliminate obsolete and confusing material
they collected all imperial enactments still in force
What were the ‘fifty decisions’?
A series of decrees that abolished obsolete rules and resolved controversial points of law
What was the Digest
essentially a legal encyclopaedia
What was the aim of the Digest’s compilers regarding repetition?
The elimination of repetition and discrepancy
What earlier work did the Institutes draw on?
The Institutes of Gaius
What was the purpose of the New Code?
To incorporate imperial constitutions and remove unnecessary repetitions
True or False: The New Code superseded all previous codes.
True
What was the primary difference between the Digest and the Codex?
The Digest includes writings of jurists, while the Codex is statute and law
what was the Institutes
essentially an introductory textbook
Justinian likely realized the Digest was too daunting for beginners
