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JUSTINIAN CODE Law II CODES AND STATUES When Justinian came to the throne in 527 C.E., he created a commission of lawyers to revise and codify the existing laws to both make them simpler to interpret and to increase the authority of his leadership. The Corpus Juris Civilis has four parts: the Code, which consists of 4,652 laws; the Digest, a 50-volume collection of decisions made by respected judges; the Institutes, a kind of textbook of legal procedures, and the Novels, which contain laws introduced by Justinian and his immediate successors. Justinian's new code extended the rights of women, children, and slaves, but also called for harsher penalties for crimes. In the United States, although the Constitution is considered the highest law of the land, it provides no specific penalties for criminal activity. The Constitution lists the powers and duties of our leaders and guarantees the personal rights of each citizen. Consequently, each of the states in America is allowed to create its own statutes. Statutes regulate every human activity in which government has an interest and are printed in Codes. WHAT IS THE JUSTINIAN CODE? • Corupus Iurus Civilis or the Justinian Code, was the result of Emperor Justinian's desire that existing Roman law be collected into a simple and clear system of laws, or "code." • Tribonian, a legal minister under Justinian, lead a group of scholars in a 14-month effort to codify existing Roman law. • The result was the first Justinian Code, completed in 529. • This code was later expanded to include Justinian's own laws, as well as two additional books on areas of the law. • In 534, the Justinian Code, made up of the Code, the Digest, and the Institutes, was completed. COMPOSITION OF THE JUSTINIAN CODE Codex/ Code Codification of existing Roman laws Digest/Pandects *A guide for judges *Summary of common law The Institutes Introduction to law and the Code intended for law students AREAS OF LAW IN THE JUSTINIAN CODE • Public Law: Law for government • Private Law: Law for individuals composed of Natural Law, Law of Nations, and Civil Law PRIVATE LAW: Natural Law "The law of nature is that law which nature teaches to all animals. For this law does not belong exclusively to the human race, but belongs to all animals, whether of the earth, the air, or the water. Hence comes the union of the male and female, which we term matrimony; hence the procreation and bringing up of children. We see, indeed, that all the other animals besides men are considered as having knowledge of this law." PRIVATE LAW: Natural Law Laws they felt were set in place by nature, not by man. These laws are constant and should not be altered by man. “The laws of nature, which all nations observe alike, being established by a divine providence, remain ever fixed and immutable. But the laws which every state has enacted, undergo frequent changes, either by the consent of the people, or by a new law being subsequently passed.” PRIVATE LAW: Law of Nations "[T]he law which natural reason appoints for all mankind obtains equally among all nations, because all nations make use of it.“ PRIVATE LAW: Law of Nations “Nations have established certain laws, as occasion and the necessities of human life required. Wars arose, and in their train followed captivity and then slavery, which is contrary to the law of nature; for by that law all men are originally born free. Further, by the law of nations almost all contracts were at first introduced, as, for instance, buying and selling, letting and hiring, partnership, deposits, loans returnable in kind, and very many others.” PRIVATE LAW: Civil Law "The law which a people makes for its own government belongs exclusively to that state and is called the civil law, as being the law of the particular state." PRIVATE LAW: Civil Law “Civil law is thus distinguished from the law of nations. Every community governed by laws and customs uses partly its own law, partly laws common to all mankind. . . . The people of Rome, then, are governed partly by their own laws, and partly by the laws which are common to all mankind.” WHAT TYPES OF LAW ARE IN THE JUSTINIAN CODE? • Book I Of Persons • Book II Of Things. • Book III Intestate Succession • Book IV Obligationes Arising From Delicta BOOK I: OF PERSONS • JUSTICE is the constant and perpetual wish to render every one his due. • I. Justice and Law. • II. Natural, Common, and Civil Law. • III. The Law of Persons. • The laws continue discussing everything from slaves to marriage and everything dealing with person to person connections BOOK II: OF THINGS. • I. Divisions of Things. • II. Incorporeal Things. – 1. Corporeal things are those which are by their nature tangible, as land, a slave, a garment, gold, and silver. – 2. Incorporeal things are those which are not tangible, such as are those which consist of a right, as an inheritance, or obligations in whatever way contracted. • These laws continue on with laws that have to do with making wills and titles. BOOK III: INTESTATE SUCCESSION • A person dies intestate, who either has made no testament at all, or has made one not legally valid; or if the testament he has made is revoked, or made useless; or if no one becomes heir under it. • These laws deal with obligations or contracts verbal and consent. BOOK IV: OBLIGATIONS ARISING FROM CONFLICT • For example, from theft, from robbery, or damage, or injury. • Spends a great deal of time with goods taken by force or injury/robbery.
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