many generations keeps the memory of the times of the great ruler of the Byzantine Empire and Justinian as a temple of jurisprudence and its main legislator.Naturally, all the reforms were based on the hard foundations of an old Roman law and the will of Justinian was born and supported by the requirements of life itself - the socio-economic and political relations in the country have undergone fundamental changes.
from the fourth to the sixth century, while the whole world has stood out very difficult, but crucial.Byzantium is rapidly moving on the path of progress, despite the persistence of the slave system.Code of Civil Law, thus became the mechanism capable of bring state arrangement to the next stage of development of society - the feudal system.That's what achievements famous Byzantine Empire under Justinian.
law reform
In this transitional period have been acceptable, some institutions of Roman law, in a slightly modified form, they have served faithfully the ruling classes of the empire.Class rule, of course slavery, caste and social partitions, all sorts of privileges in the control systems fully meet the interests of the upper echelons of society, and the Byzantine Empire under Justinian did not make too drastic steps to rebuild the state.Justinian declared the conservative principle of unquestioning respect for antiquity, which is infallible.That is why throughout the sixth century Byzantine lawmakers worshiped Roman law.
Especially in large Byzantine towns flourished trade and crafts, there was the variety of property and commercial transactions.Reality demanded and ordering and detailed regulation of property rights, as it was her build the economy of the state.And Roman law allowed fully to provide a legal basis, since this source was based on the nuances related to any plane of private property.
However, the new conditions require numerous adjustments to the existing rules of the Roman law.It began very difficult job back in the sixth century, and now we know what the achievements of famous Byzantine Empire under Justinian.The new social order as soon originated, demanded other relationships among the classes, and classes.And relationships require proper legal registration.
Creation indisputable laws
legal reasons that formed the basis for codification:
- contradictions in legal regulations;
- blurred law;
- laws without the system and classification;
- outdated terminology;
- arbitrary judicial officials.
No part with outdated legislation, nor to use it, despite the tradition of legendary and grandeur of Roman law, Justinian could not.He was elected as the median, half way reforms.And the only possible compromise.
Codification rights
beginning of a grand work - codification of the law - is considered to be 528 per year.Naturally, such a feat for one person can not do.Although the Code of Civil Law is named after Justinian, he worked on the creation of this child of law, of course, he is not.
despot monarch was extremely ambitious.He not only willingly led war to restore the Roman Empire, the internal reforms also keenly interested in and did everything to be called the world's greatest legislator.The battle, however, was not involved.Collection of Laws did not elaborate.But it is this - the laws of war and - famous Byzantine Empire under Justinian.
He owned all the ideas and initiative in carrying out full - it really is not enough for the head of state?Energy, time, money - Justinian spared nothing to create a new set of laws: constantly watching the performers urged always to correctly assess the situation, find the most intelligent, experienced and knowledgeable people.He showed a real Caesar, and therefore transformed the Byzantine Empire under Justinian.
Artists
Legislative reform of Justinian would not take place with such a triumph, if not the soul of the whole enterprise - quaestor Tribonian.The exceptionally well-educated, gifted great talent and unsurpassed work ethic, a prominent lawyer Tribonian was the greatest and most desired discovery of Justinian.Among the ten most experienced civil servants, he began to work with the Code of Justinian.He headed the commission, former quaestor of the palace - the patrician John Priest.All ten artists reformers were men of science, tireless and diligent in his work to the public cause.Particularly noteworthy scholar, professor of law Theophilus.
Home labor
have been selected for the most important of the vast number of imperial constitutions, suitable for modern use, and reviewed previously by the codes - Gregorieva, Theodosiev and Germogenianova - in order to select the most valuable among the constitutions that conform to the needs of modern times and were suitableto practice law.The law amends, removes all obsolete, eliminates the contradictions and repetitions.Just over a year took scientists to the men for the first edition of the Code of Justinian.In April 529, it became law.
naturally affected haste.But the second edition, although it was completed fairly quickly, already allows us to understand what the achievements of famous Byzantine Empire under Justinian.Code of Justinian in 534, the second edition has survived to the present day.It is in this form, he gained worldwide fame.
Digesty
Translated from the Latin word, it becomes clear that the new set of laws - it is something collected and given in the system.Parallel to this work and called in Greek - Pandects, which means "all-in-itself."
in 530 already known from the first task Tribonian along with four other law professors initiated the establishment of the Digest.They came to help the eleven lawyers from the highest of the imperial administration.Later, the creators of this product became known as compilers, as they are mostly compiled writings of Roman jurists.Nevertheless, the task before them was very complicated, with a dual purpose.Not only to collect and systematize the extensive legal heritage, but also to maintain the basic legal values firmly.Two thousand of huge books, more than three million lines.Not a literary text, of course.Sea, ocean work!
Justinian understood the enormity of the task, so gave the Commission until the end - decade.However, three years later Digesty began to operate throughout the empire.That's what the proper organization and forethought of action!Each lawyer of the commission were given assistants - secretaries, also very well-versed in the law.In certain groups of sources, all the participants were divided into sections: the lawyers collect and classify materials, and the commission has watched and edits texts Digest in its final form.
So were created fifty books Digest.The seven parts.Each book also has division: on the titles and fragments.Total - 433 titles and more than 9,200 pieces.Thirty-nine the most famous Roman legislators from the first century of our era is not until the sixth century entered Digesty: Quintus Mucius Scaevola, Alphen Var, Elly Gant, Paul Papinian, Gaius, Ulpian, Modestian and others.
In this temple of the Roman law was, of course, gaps and inconsistencies, but for its time, this work is so great that it is clear what the famous achievements of the Byzantine Empire under Justinian.The short answer is "Digesty."
reform of legal education
Creating new laws require the writing of a simple guide for the study and teaching of law.Such textbooks Roman literature as institution.They are available as soon as possible it was necessary to indicate the state of the law, rejecting the outdated canons and justifying reformed legislation.
Tribonian All the same, Theophilus and Dorotheus completed by November, 533 years and it is the task of Justinian.It was also a compilation, mainly from institutions Gaya, Florentina, Marciana, Ulpian and Paul, but with a clear influence of Justinian Code and the Digest.
compiled Institutes of Justinian in an accessible form of lectures, divided into four books.We have heard no scripts and manuscripts of the ninth century - so long been widely and successfully applied Institutions in many countries of Western Europe.The law schools of the Byzantine Empire, they were studied as a benefit, but in practice applied in the analysis of cases, since almost immediately became an imperial law.
The famous Byzantine Empire under Justinian
lawmaking activity did not abate.Body tripartite civil rights continued: the laws that emerged after 534 years, were named Novell.They were not connected to a single collection during the lifetime of Justinian.This was done later.Now known three such collections, and none of them was not an official.
So what famous Byzantine Empire under Justinian?The short answer to fail.The law came and got the completion of such legislation and the concept of how the theory of morals, the right of civil and public law, custom, the relationship of law, society and the individual, there were many legal presumption, are still alive.What are the achievements of famous Byzantine Empire under Justinian?The answer is:
- evolution of the doctrine of law;
- notion of universal rights - to all mankind;
- titling single property;
- civil right of a free man;
- idea of a unified legal system;
- right of Roman citizenship to slaves released;
- privileges and restrictions of rights for military personnel;
- the legal status of the rural population;
- restriction of the rights of slavery: the right attitude to face, rather than things;
- simplification of procedures for the release of slaves;
- family law;
- law of succession;
- principle of freedom of marriage: Romans and non-Romans, citizens and non-citizens.
Moreover, Justinian closely involved in strengthening both military and political power of Byzantium.Before him was an ambitious goal - the restoration of the Roman Empire in its old borders.And he carried it out very well.The main threat to the empire represented the East, and especially the powerful Iran.At the end of the war at the border between Iran and Byzantium remained on the former borders, but in the sphere of influence of Byzantium appeared Lazika, Crimea, Arabia, Armenia, where Christianity has gradually prevailed.Justinian's conquests surrendered Vandals in North Africa, it was divided into the kingdom of the Ostrogoths in Italy, the barbarians had lost a vast part of Spain.Justinian managed to conquer the Balkans.The area has doubled, the border close to the old borders of the Roman Empire.All these and famous Byzantine Empire under Justinian.
