Many generations keep the memory of the times of the great Byzantium and the ruler Justinian as the temple of legal science and its main legislator. Naturally, all the reforms were based on the rigid foundation of the old Roman law, and the will of Justinian 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, the time for the whole world turned out to be very difficult, but fateful. Byzantium was rapidly moving along the path of progress, despite the continued slave system. The code of civil law, therefore, has become a mechanism capable of bringing the state system to the next stage of development of society - the feudal system. These are the achievements of the Byzantine Empire under Justinian.
Legislative reforms
During this transitional period, some institutions of Roman law were acceptable; in a slightly modified form, they served faithfully to the ruling classes of the empire. Class domination, slavery itself, estates and social barriers, all sorts of privileges in the 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 rebuild the state. Justinian declared the conservative principle of unquestioning respect for antiquity, which is infallible. Therefore, throughout the sixth century, Byzantine lawmakers worshiped Roman law.
Moreover, trade and crafts flourished in large Byzantine cities, there was a variety of property and trade transactions. Reality required both streamlining and detailed regulation of all property rights, since it was on it that the state economy was built. And Roman law made it possible to fully ensure the legal basis, since this source was based on nuances relating to any plane of private property.
However, the new conditions required numerous adjustments to the existing norms of Roman law. This very difficult matter began in the distant sixth century, and now we know what achievements the Byzantine empire was famous for under Justinian. The new social order, barely born, demanded other legal relations among classes and classes. And all the relationships required the right legal clearance.
Creation of undeniable laws
Legal reasons that formed the basis of codification of law:
- contradictions in legal requirements;
- vagueness of legal norms;
- laws without a system and classification;
- outdated terminology;
- arbitrariness of judicial officials.
Justinian could not part with obsolete legislation or use it, despite all the legendary and greatness of the traditions of Roman law. A middle, half way reform was chosen. Compromise and only possible.
Codification of law
The beginning of a grandiose work - the codification of law - is considered to be 528. Naturally, such a feat is beyond the power of one person. Although the Code of Civil Law bears the name of Justinian, he did not work on the creation of this brainchild of jurisprudence.
The monarch was a despot extremely ambitious. He not only willingly waged wars to restore the Roman Empire, he was also keenly interested in internal reforms and did everything in order to be called the world's greatest legislator. However, he did not participate in battles. The code of laws was not developed. But it was precisely this - wars and laws - that the Byzantine Empire became famous under Justinian.
He owned all the plans and completely the initiative in the implementation - is it really so little for the first person of the state? Energy, time, money - Justinian did not spare anything to create a new code of laws: he constantly watched, rushed the performers, always correctly assessed the situation, found the most intelligent, experienced and knowledgeable people. He proved himself to be a real Caesar, and therefore the Byzantine Empire under Justinian was transformed.
Performers
Justinian's legislative reform would not have taken place with such a triumph if it had not been for the soul of the whole enterprise - the Triborian questor. Exceptionally educated, endowed with great talent and unsurpassed hard work, the famous lawyer Tribonian was the most important and most necessary find of Justinian. Among the ten most experienced public servants, he began work with the Justinian Codex. The commission was headed by the former quaestor of the palace - the priest Patrician John. All ten creators-reformers were people of science, indefatigable in work and zealous for social affairs. Of particular note is the scholar, law professor Theophilos.
The beginning of labor
The most important of the vast number of imperial constitutions that were suitable for modern application were selected, as well as the previously created codes were reviewed - Gregorieva, Feodosieva and Germogenianova - with the aim of choosing the most valuable among the constitutions that corresponded to the needs of modern times and were suitable for legal practice. The laws were amended, everything obsolete was removed, contradictions and repetitions were eliminated. Just over a year it took pundits for the first edition of the Justinian Codex. In April 529, it became law.
Naturally, the rush affected. But the second edition, although it was completed quickly enough, already made it possible to understand what achievements the Byzantine empire was famous for under Justinian. The Code of Justinian in the second edition of 534 has survived to the present day. It was in this form that he gained world fame.
Digests
If you translate this word from Latin, it will become clear that the new code of laws is something compiled and brought into the system. In parallel, this work was also called in Greek - Pandektami, which means "everything in itself."
In 530, the Tribonian, already known for his first assignment, together with four other law professors, began to create Digests. They were assisted by eleven lawyers from the highest imperial administration. Later, the creators of this work were called compilers, since they mainly compiled the works of Roman lawyers. Nevertheless, the task faced them was extremely difficult, with a double purpose. Not only to collect and systematize the vast legal heritage, but also to preserve the basic legal values unshakable. Two thousand huge books, more than three million lines. Not a literary text, of course. Sea, ocean of work!
Justinian understood the enormity of the task, so he gave the commission a deadline of ten years. However, after three years, Digesta began to operate throughout the empire. That is what the correct organization and thoughtfulness of action means! Each lawyer from this commission was provided with assistants - secretaries, who are also very versed 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 the Digest texts in final form.
So fifty books of Digest were created. In seven parts. Each book also has divisions: into titles and fragments. Total - 433 titles and more than 9,200 fragments. Thirty-nine of the most famous Roman lawmakers from the first century AD to the sixth century AD entered the Digest: Quintus Mucius Stcevola, Alfen Var, Ellius Gant, Paul, Papinian, Guy, Ulpian, Modestian and others.
In this temple of Roman jurisprudence there were, of course, gaps and inconsistencies, but for its time this work is so magnificent that it is clear what achievements the Byzantine Empire was famous under Justinian. Short answer: "Digest".
Law Education Reform
The creation of new laws required the writing of the simplest guide for the study and teaching of law. Roman literature called such textbooks Institutes. In them, it was necessary to identify the state of law as accessible as possible, discarding obsolete canons and justifying the reformed legislation.
All the same Tribonian, Theophilus and Dorotheus completed by November 533 and this is Justinian’s assignment. It was also a compilation, mainly from the Institutions of Guy, Florentin, Martian, Ulpian and Paul, but with the clear influence of the Justinian Codex and Digest.
Compiled by the Justinian Institutes in an accessible form of lectures, divided into four books. We did not reach the originals, but the manuscripts of the ninth century - for so long, widely and successfully, the Institutions have been used in many states of Western Europe. In the schools of law of the Byzantine Empire, they were studied as a manual, but in practice they were used in the analysis of court cases, since they almost immediately became imperial law.
What made the Byzantine Empire famous
Under Justinian, the activity of lawmaking did not cease. The three-part Code of Civil Law continued: laws that appeared after 534 were called Novells. 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 what was the Byzantine Empire famous for under Justinian? A short answer cannot be given. Such legal norms and concepts as the theory of morals, civil and public law, law, custom, the relationship of law, society and the individual appeared and came to the end in the legislation, many legal presumptions that still exist today have appeared. What achievements were the Byzantine Empire famous under Justinian? The answers are as follows:
- the evolution of the doctrine of law;
- the concept of universal law - for all of humanity;
- formalized right of single ownership;
- civil law of a free person;
- the idea of a single legal system;
- the right of Roman citizenship to released slaves;
- privileges and restrictions of rights for military personnel;
- legal status for the rural population;
- restriction of the rights of slavery: the right to relate to a person, not to a thing;
- simplification of the procedure for the release of slaves;
- family law;
- inheritance law;
- the principle of freedom of marriage: Romans and non-Romans, citizens and non-citizens.
In addition, Justinian was closely involved in strengthening both the military and political forces of Byzantium. He had 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 especially powerful Iran. At the end of the war, although the borders between Iran and Byzantium remained at their former borders, but in the sphere of influence of Byzantium were Laziki, Crimea, Arabia, Armenia, where Christianity gradually triumphed. Justinian's aggressive campaigns subjugated the vandals of North Africa, the kingdom of the Ostrogoths in Italy was defeated, the barbarians lost a large part of Spain. Justinian managed to conquer the entire Balkan Peninsula. The territory doubled, the borders approached the old borders of the Roman Empire. The Byzantine Empire under Justinian became famous for all this.