or Legislation Justinians Code

corpus, juris, edition, law, justinian, digest, printed and name

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Of the merits and imperfections of the ' Digest,' Cuju, Hotomannus, Ilaneeciue, Gravina, Schulting, Bynkershoek, and many others have amply spoken. With all its faults it is • noble work, and much superior to the Code in its style, matter, and arrangement ; it has, in greet manure, embodied the wisdom of the most learned men of the best ace of the empire, men who grounded their opinions on the principles of reawn and equity, and who for the most part were personally unconcerned and disinterested in the subjects on which they gave their response. Triboolan and his colleagues are charged with ninklug many interpolations, with passages in the writings of their predecessors, substituting their own opinions, and passing them oil* to the world under the name of the ancient jurists. Justinian himself acknowledged that he wan obliged to accommodate the old jurisprudence to the altered state of the times, and to " make the laws his own." Another charge, which is, however, unsupported by evidence or pro bability, is, that Justinian and his civilians purposely destroyed the old text books that had served them for the compilation of the ' Pandects.' Long, however, before Justinian's time, the works of the ancient jurists were partly loot, and the vicissitudes of the ages that followed may easily have obliterated the real While the Digest was being compiled, Justinian commissioned Tribonlan and two other civilians, Tlieophilus and Derotheus, to make an abridgement of the first principles of the la re, for the use of young student. who should wish to apply them selves to that science. This new work, being completed, was published under the name of ' Inetitutionea; about one month before the appear ance of the Digest. The institutions were mainly based on an older work of the same descript.on and title. (Clams, in Bum. Div.) They are arranged in four books, subdivided into titles. As the law hat three object., persona, things, and actions, the first book treats of or status • the second and third, and first five titles of the of things; and the remaining titles of the fourth book treat of actions- Law.

Besides these ice compilations, the Code, the Institutes, and the Digest, Justinian, after the publication of the second edition of his Cods, continued to Issue new laws or constitutions chiefly in Greek upon particular occasion., which were collected and published together after his death under the name of Nova( Asardteq, or Nova or Co:i mitation.. Novella., or Authentlete. The Novellie are divided into

nine Collations. and 163 Conatitutiones,or,aa they are now often called, !revels. The Novelbe,tegether with thirteen Edicts of Justinian, make op the fourth part of his legislation. There are four Latin translations of the Novelle, two of which were made soon after Justinian's death ; the third Is by Ilsleander, printed at Nurnberg in 1531 ; and the fourth was printed at Basel by Ifervagius in 1561. This first translation le that which is printed in the editions of the Corpus Juris opposite to the Greek text, and is very valuable, notwithstanding it has been stigmatised by some with the name " barbarous : " it is sometimes oallecl Authentloa Interpretatio or Vulgate; a recent and valuable edition Is that of G. E. Heimbach, 2 vole. five, Lips. 1846-50. The version of Haloander is also printed in some editions of the Corpus Juris. The Novellas made many changes in the law as ostablinhed by Juetinian's prior compilations, and are an evidence that the emperor was seized with a passion for legislating; a circumstance which enables us to form a more correct judgment of his real merits, and lowers hie character as a philosophic jurist Ludewig, I its Jostiniani Magni (ague Theodoree, nee won Tritaniani, Halle, 1731 ; Zimmern, Geachiehle des Pannisellen Privalreehts bi, /wrinkle, Heidelberg, 1926; Hugo, Lela-birch der Gesehichte des Raraiicheri Reeks, Berlin, 1832; History of the Rains or Civil Law, by Ferrier*, translated by J. Beaver, London, 1724; Hommelii, Palingenesia ; Brinkmannue, Institntiones Juris Remeni, Schleswig, 1822; System des PandeLten-Iterkts, by Thibaut, 7th ed., Jena, 1828; Dar Corpus 'writ re's Deirrsehetiberse(zt eon einem vereine Reehtsgetehrter and herausgegelen ran Otto, Schilling and Sintenis, Leipzig, 1831; Irving'', Introduction to the Civil Law ; Lea (Na qua a te Litres du Digeste, .te., readmits en Francais par feu M. Henri Hulot, Paris, 1805; Pandeetes de Justinien miss dens un tundra ordre, tte., par R. J. Tothier, traduitea par BrIard Neurille,rdrues et corrigies par M. Moreau de Montalin, Avocet, Paris, 1810; Pothier's edition of the Digest, reprinted at Faris, in 5 vols. 4to, 1818-20, is a useful edition ; there is a very cheap edition of the Corpus Juris, published in Germany, by Beck, 3 vols., small fol., Leipzig, 1820 ; the editions of the Corpus Juris and of the Institutes arc very numerous.) [CORPUS JURIS ; Gnats, in Btoo. Div.]

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