Justinian’s Legal Corpus: Institutions, Codex, and Novels
Public Institutions (533 AD)
The Institutions, a basic treaty law, were divided into four books, each based on the Institutions of Gaius. Book 1 covered things; Books 2, 3, and part of 4 covered people; and the end of Book 4 covered actions. Drafted by Teofilo and Doroteo, it was a book of teachings that came into force alongside the Digest. These institutions do not pose interpretation problems because their main source, the Institutions of Gaius, has survived.
The Codex Repetitae Praelectionis (534 AD)
After Justinian’s initial code became outdated due to new constitutions, Tribonian was instructed to create a new compilation. Published in 534 by the Constitution CORDI nobis, this new edition is known as the Codex repetitae praelectionis. It is divided into 12 books, which are further divided into titles. The codex was compiled by Tribonian, Doroteo, and three lawyers. The constitutions within begin with an inscriptio, including the emperor’s name, date, and place. The constitutions range from the oldest by Adriano to the most modern by Justinian. The 12 books cover:
- Book 1: Sources of law
- Books 2 to 8: Private Law
- Book 9: Criminal Law
- Books 10 to 12: Administrative and Financial Law
This was followed by a series of reforms, particularly in private, public, and religious law. These new laws issued by Justinian are called Novels.
The Novels: Later Byzantine Law
The Novels are all the constitutions issued by Justinian after the compilation. They primarily covered public, church, and social laws. Each novel begins with an indication of the circumstances that led to its creation. Most are written in Greek, with some being bilingual. The Novels did not become an official collection but are known through three private collections:
- The Epitome Julian, including 123 novels.
- A collection made under Tiberius II, consisting of 168 novels.
- The Authenticum, with 134 novels.
All of Justinian’s legal works (Codex, Novels, Institutions, and the Digest) are collectively known as the Corpus Juris Civilis. It was sent by Justinian to the Pope of Rome and implemented in Italy in the Western Empire. It has survived through various manuscripts, the oldest being the Littera Florentina (6th-7th century) and the Littera Vulgata (11th century). Although Justinian forbade changes, the Digest was modified. Law schools continued to develop the law after Justinian. Texts were compared, and treaty compilations were discussed. These reviews continued throughout the Eastern Empire and connected with the West. New laws were introduced, such as the Ecloga in the mid-eighth century, and the Basilicas of the late ninth and early tenth centuries, which conveyed parts of the compilation. From the 10th century, scoring began, and by the 11th century, there was a text of the law at that moment. Roman Law began to merge with Greek law.