Many generations keep the memory of the timesGreat Byzantium and the ruler of Justinian as a temple of legal science and its main legislator. Naturally, all reforms were based on the rigid foundation of the old Roman law, and Justinian's will was born and supported by the demands of life itself - the socio-economic and political relations in the state underwent fundamental changes.
From the fourth to the sixth century, time for the whole worldIt turned out very difficult, but fateful. Byzantium was rapidly moving along the path of progress, despite the continued slave system. The civil law code, thus, became a mechanism capable of leading the state organization to the next stage in the development of society — the feudal system. These are the achievements of the Byzantine Empire under Justinian.
Legislative reforms
В данный переходный период были приемлемы some institutions of Roman law, in a slightly modified form, they served faithfully to the ruling classes of the empire. Class domination, self slavery, class and social partitions, all sorts of privileges in management systems fully met the interests of the upper echelon of society, and the Byzantine Empire under Justinian did not take too drastic steps to reorganize the state. Justinian declared a conservative principle of unquestioning respect for antiquity, which is infallible. Therefore, throughout the sixth century, Byzantine legislators bowed to Roman law.
Especially in major Byzantine citiestrade and crafts flourished, there was a variety of property and trade transactions. Reality demanded both streamlining and detailed regulation of all property rights, since the state economy was built on it. And Roman law allowed to fully provide the legal basis, since this source was based on nuances relating to any plane of private property.
However, new conditions required numerousadjustments to the existing rules of Roman law. This very difficult case began in the distant sixth century, and now we know what achievements the Byzantine Empire under Justinian had become famous for. The new social order, barely born, demanded other legal relations among the classes and estates. And all relationships required proper legal registration.
Creating undisputed laws
Legal reasons that formed the basis for the codification of law:
- contradictions in legal regulations;
- vagueness of legal norms;
- laws without a system and classification;
- outdated terminology;
- arbitrariness of judicial officials.
Neither part with outdated legislation, norto use it, despite all the legendary and greatness of the traditions of Roman law, Justinian could not. He was elected the middle, half way of reform. The compromise and the only possible.
Codification of the right
The beginning of the great work - the codification of law -considered to be 528 year. Naturally, such a feat is beyond the power of one person. Although the Code of Civil Law is named Justinian, he worked on the creation of this brainchild of jurisprudence, of course, not him.
Монарх был деспотом крайне честолюбивым.He not only willingly fought wars to restore the Roman Empire, he also took a keen interest in internal reforms and did everything to call himself the greatest legislator in the world. In the battles, however, did not participate. The code of laws is not developed. But it was precisely these — wars and laws — that the Byzantine Empire under Justinian became famous for.
He owned all the designs and completelyinitiative in the implementation - is it really not enough for the first person of the state? Energy, time, money - Justinian spared nothing to create a new set of laws: he constantly watched, hurried performers, always correctly assessed the situation, found the most intelligent, experienced and knowledgeable people. He showed himself to be a real Caesar, and therefore the Byzantine Empire was transformed under Justinian.
Performers
Justinian's legislative reform did not take placewith such a triumph, if it were not for the soul of the whole enterprise - quaestor Tribonian. Exceptionally educated, gifted with tremendous talent and unsurpassed hard work, the famous lawyer Tribonian was Justinian’s most important and most important find. Among the ten most experienced civil servants, he began work with the Code of Justinian. The commission was headed by the former quaestor of the palace - patrician priest John. All ten creators and reformers were people of science, tireless in their work and zealous for public work. Of particular note is the erudite, professor of law Theophilus.
Labor start
Were selected the most important of the hugethe number of imperial constitutions suitable for modern use, as well as the previously created codes - Gregoriev, Feodosiyev and Germogenianov - were revised to select the most valuable among constitutions that corresponded to the needs of the new time and were suitable for legal practice. The laws were amended, everything was outdated, contradictions and repetitions were removed. A little more than a year it took the scholars for the first edition of the Code of Justinian. In April 529, it became law.
Естественно, сказалась спешка.But the second edition, although it was completed fairly quickly, already made it possible to understand what achievements the Byzantine Empire under Justinian was famous for. The code of Justinian in the second edition of 534 has been preserved to our days. It is in this form that he gained worldwide fame.
Digesta
If you translate this word from Latin, it becomesit is clear that the new set of laws is something collected and brought into the system. In parallel, this work was also called in Greek - Pandects, which means “everything in itself”.
In 530, already known by the first taskTribonian, along with four other professors of law, set about creating Digests. They were assisted by eleven lawyers from the highest imperial administration. Later, the creators of this work began to be called compilers, since they mainly compiled the works of Roman lawyers. Nevertheless, the task they faced was extremely complex, with a dual purpose. Not only to collect and systematize the vast legal legacy, but also to preserve the basic legal values firmly. Two thousand huge books, more than three million lines. Not an artistic text, of course. Sea, ocean work!
Justinian understood the immensity of the task, thereforegave the commission a deadline of ten years. However, after three years Digesta began to operate throughout the empire. That's what it means the proper organization and reasonableness of action! Each lawyer from this commission was provided with assistants - secretaries, who are also very knowledgeable in jurisprudence. According to certain groups of sources, all participants were divided into sections: lawyers collect and classify materials, and the commission reviews and edits Digest texts in final form.
So fifty books of Digest were created.In seven parts. In each book, too, there are divisions: the titles and fragments. Total - 433 titles and more than 9,200 fragments. Thirty-nine of the most famous Roman legislators from the first century of our era to the sixth century of ours entered the Digests: Quintus Mucius Scotseola, Alphen Var, Elliy Gant, Paul, Papinian, Guy, Ulpian, Modestian and others.
In this temple of Roman jurisprudence were, of course,and gaps and inconsistencies, but for its time, this work is so magnificent that it is clear what achievements the Byzantine Empire made famous under Justinian. The short answer is: "Digest."
Legal Education Reform
Creating new laws required writingthe easiest guide to study and teach law. Such textbooks Roman literature called Institutions. In them, it was necessary to designate the state of law as widely as possible, discarding outdated canons and justifying the reformed legislation.
All the same Tribonian, Theophilus and Dorofey performed toNovember 533 and this task is Justinian. It was also a compilation, mostly from the Institutions of Guy, Florentin, Marciana, Ulpiana and Paul, but with the apparent influence of the Justinian Codex and Digests.
Составлены Институции Юстиниана в доступной форме lectures, divided into four books. It was not the originals that came to us, but the manuscripts of the ninth century - so long, widely and successfully Institutions were used in many states of Western Europe. In the schools of law of the Byzantine Empire, they were studied as a manual, and in practice they were used in the analysis of court cases, since they almost immediately became imperial law.
What is famous for the Byzantine Empire
Under Justinian, lawmaking activity is notsubsided. The three-part Civil Law Code continued: the laws that appeared after 534 years were called Novels. They were not combined into a single collection during the life of Justinian. This was done later. Three such collections are now known, and not one of them was official.
So than the Byzantine Empire became famous whenJustiniana? The short answer will not work. Legislation and concepts such as the theory of morals, civil law and public law, law, custom, the relationship of law, society and the individual have appeared and received completion in the legislation, many legal presumptions have arisen that are still alive. What are the achievements of the Byzantine Empire under Justinian? The answers are:
- the evolution of the doctrine of law;
- the concept of universal law - for all of humanity;
- registered single property right;
- civil rights of a free person;
- the idea of a unified legal system;
- the right of Roman citizenship for released slaves;
- privileges and restrictions of rights for military personnel;
- legal status for the rural population;
- restriction of the rights of slavery: the right attitude to a person, not to things;
- simplification of the procedure for the release of slaves;
- family law;
- inheritance law;
- freedom of marriage principle: Romans and non-Romans, citizens and non-citizens.
Кроме того, Юстиниан вплотную занимался усилением both military and political forces of Byzantium. Before him stood an ambitious goal - the restoration of the Roman Empire in the old borders. And he very successfully implemented it. The main threat to the empire was the East, and above all powerful Iran. At the end of the war, although the borders between Iran and Byzantium remained at their former frontiers, Lazika, Crimea, Arabia, and Armenia, where Christianity gradually triumphed, were in the sphere of influence of Byzantium. With Justinian’s conquests, the Vandals of North Africa submitted, the Ostrogoths kingdom in Italy was defeated, and the barbarians lost a vast part of Spain. Justinian succeeded in conquering the entire Balkan Peninsula. The territory doubled, the borders approached the old frontiers of the Roman Empire. All these and famous Byzantine Empire under Justinian.
