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AFTER THE DOWNFALL OF THE ROMAN EMPIRE THE FATE OF

ROMAN LAW

THE LEGISLATION OF JUSTINIAN ..


CORPUS CIVILIS
The Institutes
The compilation of the Digest was not only desirable from the point of view of legal
practice, but it was also extremely valuable for teaching purposes. The Digest,
however, was too difficult for students just beginning their studies. So, in 533, even
before the work on the Digest was complete, Justinian decided that a new introductory
textbook for law would have to be written. The task was entrusted to Tribonian and to
two of the four professors who were helping to produce the Digest, namely
Theophilus and Dorotheus. They were asked to produce a new book on the basis of
the Institutes of Gaius and using some other introductory works from the principate.
This new book was to reflect the law of their own time. Where they considered it
advisable, they were permitted to include a historical introduction.

The Digest
In this work contradictions between the opinions of the classical jurists were resolved
and outmoded legal concepts were scrapped. This collection has not come down to us
as a separate volume.The headings over the texts show that the texts are taken from
the work of thirty-nine jurists who lived during the period extending from about 100
BC to 300. The number of texts per jurist is extremely variable. There is only one text
by Aelius Callus from the first century BC, but there are so many texts by Ulpian that
they make up over 40 per cent of the entire Digest.This were collections of jurists
published works which were given force of law.
The Novels
With the publication of the revised Code Justinian had achieved his aim of putting
matters in order in the juridical field. But this was not the end of Justinian’s legislative
activities. In the period 535–555 he issued many new constitutions; these are
generally referred to as ‘Novels’ (from Novellae leges; literally, new laws). Primarily,
the Novels contain innovations in the field of administrative and ecclesiastical law,
but there were also many changes in private law, particularly in family law and the
law of succession upon intestacy. Although Justinian wanted to collect the Novels
and publish them as soon as he had issued enough of them, he was never to achieve
his aim.
The Codex
These were collections of imperial laws .laws that were passed by emperors.

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