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The Digest of Roman Law: A Comprehensive Overview

Edmund Hayes

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The Digest of Roman Law: Theft, Rapine, Damage and Insult (Penguin Classics)

by T. J. Coles

4.9 out of 5

Language	:	English
File size	:	2958 KB
Text-to-Speech	:	Enabled
Screen Reader	:	Supported
Enhanced typesetting	:	Enabled
Word Wise	:	Enabled
Print length	:	189 pages

The Digest of Roman Law, also known as the Pandects, is a monumental collection of Roman legal writings compiled by order of Emperor Justinian I in the 6th century CE. It is the largest and most comprehensive legal text ever assembled and remains a cornerstone of Western legal systems today.

Origins and Compilation

The Digest was commissioned as part of Justinian's ambitious project to codify and update the vast body of Roman law. A commission of 17 legal scholars was appointed to collect and summarize the works of the most influential Roman jurists over the previous centuries. The commission worked for three years, consulting over 2,000 legal treatises and creating a comprehensive legal encyclopedia.

Structure and Content

The Digest is divided into 50 books, each further divided into titles and fragments. It covers a wide range of legal topics, including civil and criminal law, property, contracts, torts, and administrative law. The fragments are arranged according to subject matter and often contain extensive commentaries and legal opinions by the original jurists.

Sources

The Digest draws heavily on the writings of the classical Roman jurists, such as Ulpian, Gaius, and Julian. It also includes contributions from later jurists, as well as excerpts from legal edicts, senatorial decrees, and imperial constitutions.

Legacy and Influence

The Digest has had a profound impact on Western legal development. It became the primary legal text in the Byzantine Empire and was later rediscovered and adopted by Western European scholars during the Renaissance. Its influence can be seen in modern legal systems around the world, including civil law nations and common law jurisdictions.

Civil Law Countries

In civil law countries, the Digest is still considered an authoritative source of legal principles. Courts often refer to its provisions to interpret and supplement national laws.

Common Law Countries

Although the Digest is not directly binding in common law countries, its influence can be seen in the doctrines and principles that have been adopted from Roman law. Many common law concepts, such as the distinction between private and public law, can be traced back to the Digest.

Modern Scholarship

The Digest continues to be studied and analyzed by legal scholars today. Modern scholarship focuses on the historical context of the Digest, its relationship to other Roman legal sources, and its continuing relevance to contemporary legal issues.

Digital Access

The Digest has been digitized and is now available online through several databases. This has made it easier for scholars, students, and legal practitioners to access and study this vast legal text.

The Digest of Roman Law is a testament to the intellectual achievements of the Roman Empire and the enduring power of their legal legacy. Its comprehensive scope and authoritative nature have made it a fundamental resource for legal professionals and scholars for centuries. It continues to inspire and inform legal systems around the world today.

References

* Justinian I, "Corpus Juris Civilis" (534 CE) * Theodore Mommsen, "The Digest of Justinian" (1870) * Alan Watson, "The Digest of Justinian: A Critical " (2007)

The Digest of Roman Law: Theft, Rapine, Damage and Insult (Penguin Classics)

by T. J. Coles

4.9 out of 5