Justinian's Corpus Iuris Civilis: Structure and Legal Legacy

Justinian's Legal Compilation: The Corpus Iuris Civilis

In the mid-sixth century, Emperor Justinian undertook the monumental task of collecting and systematizing Roman legal texts. This compilation drew from two primary sources:

• The works of classical Roman jurists, resulting in the Digest (or Pandects), an encyclopedic selection and summary.
• The imperial laws of his predecessors, compiled into the Code (a book of constitutions).

This comprehensive compilation was completed by the addition of the Institutions (a manual intended for legal students) and the Novellae (the "New Constitutions" promulgated by Justinian after the publication of the Code).

This entire set of books, known since the sixteenth century as the Corpus Iuris Civilis, became the enduring foundation of medieval and modern Roman law. Its preservation was critical, as most of the original works of the classical jurists were lost, particularly in areas conquered by the Arabs.

Systematization of the Corpus Iuris Civilis

The Corpus Iuris Civilis is structured as follows:

• Institutions (4 books, sixth century): Organized into four main sections: personae (persons), res (things), obligationes (obligations), and actiones (actions). These books are divided into titles, which are sometimes further divided into paragraphs.
• Digest (or Pandects, sixth century): Composed of 50 books, divided into titles (with the exception of the books concerning legatis et fideicomissis). These titles contain fragments (or "laws"), which are sometimes further divided into paragraphs.

Justifying Roman Law Studies in Legal Education

The study of Roman law, often treated as a "dogmatic" discipline, is primarily justified by two core arguments: the inherent perfection of Roman law and the importance of its legacy to contemporary legal systems.

The Perfection of Roman Law

The argument for the "Perfection of Roman Law" posits that the Romans were endowed with a special sensitivity regarding legal matters. They created concepts and solutions rooted in fairness and justice (in accordance with an ideal pattern of what is right) that have successfully withstood the erosion of time.

The Importance of Roman Law in European Jurisprudence

The enduring relevance of Roman law in European law-making emphasizes its value for the interpretation of contemporary law.

The idea of a special perfection in Roman law (or any other historical or current law) is fundamentally based on:

• The assumption that universal standards of justice exist to regulate human relationships, which different times or cultures approach to varying degrees.
• The existence of sophisticated techniques to address legal issues, including organizational forms of justice (e.g., assessing the value of a judge's decision in a particular case).