"As if Uttered By Our Own Inspired Mouth": Researching the Corpus Juris Civilis
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1 College of William & Mary Law School William & Mary Law School Scholarship Repository Library Staff Publications The Wolf Law Library 2015 "As if Uttered By Our Own Inspired Mouth": Researching the Corpus Juris Civilis Fred Dingledy William & Mary Law School, Repository Citation Dingledy, Fred, ""As if Uttered By Our Own Inspired Mouth": Researching the Corpus Juris Civilis" (2015). Library Staff Publications. Paper Copyright c 2015 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository.
2 As if Uttered By Our Own Inspired Mouth : Researching the Corpus Juris Civilis by Fred Dingledy Senior Reference Librarian College of William & Mary Law School For LHRB+FCIL SIS Roman Law Interest Group Philadelphia, PA July 21, 2015
3
4 What we ll cover History and Components of the Corpus Juris Civilis Relevance of the Corpus Juris Civilis Researching the Corpus Juris Civilis
5 { Diocletian (r ) Codex Gregorianus (ca. 291) Codex Hermogenianus (295) { Theodosius II (r ) Codex Theodosianus (438) Previously
6 Byzantine Empire in 500
7 Emperor Justinian I (r ) Arms and laws have always flourished by the reciprocal help of each other.
8 Tribonian 528: Justinian appoints Codex commission
9 Imperial constitutiones I: Ecclesiastical, legal system, admin II VIII: Private IX: Criminal X XII: Public 529: Codex first ed.
10 { Codex { Liber
11 Theodora ( ) 530: Digest commission 532: Nika (Victory) Riots
12 Digest: Writings by jurists I: Public II XLVII: Private XLVIII: Criminal XLIX: Appeals + Treasury L: Municipal, specialties, definitions Appalling arrangement Alan Watson 533: Digest/Pandects
13 First year legal textbook I: Persons II: Things III: Obligations IV: Actions 533: Justinian s Institutes
14 533: Reform of Byzantine legal education First year: Institutes Digest & Novels Fifth year: Codex
15 The Novels { nd 2 534: Codex ed. 565: Justinian dies (novellae constitutiones): Justinian s constitutiones
16 Justinian s Empire in 555
17 Byzantine Empire in 717
18 Holy Roman Emperor Henry IV, Abbot of Cluny, and Matilda of Canossa The medieval revival
19 1583: Dionysius Gothofredus, Corpus Juris Civilis
20 1753: George Harris, The Four Books of Justinian s Institutions
21 The 19th century critical editions Theodor Mommsen: Digest (1870)
22 { Justinian s Institutes { Codex Paul Krueger: Institutes (1867) and Codex (1877)
23 { Novels { Wilhelm Kroll Rudolf Schöll & Wilhelm Kroll: Novels (1895)
24 Charles Henry Monro 1904: Partial English translation of Digest
25 S.P. Scott 1932: English translation of CJC
26 Alan Watson 1985: English translation of Digest
27 Justice Fred H. Blume ca. 1952: English translation of Codex and Novels
28 { France { Germany European influence
29 { Spain { Italy European Influence
30 Bracton on the Laws and Customs of England
31 Secondly, Homonymiae, (as Justinian calleth them,) cases merely of iteration and repitition, are to be purged away { Sir Francis Bacon, A Proposition to His Majesty
32 I am this Day about beginning Justinians Institutions with Arnold Vinnius s Notes. { Diary of John Adams
33 { Dawson v. Winslow, Wythe 114, 119 (1791)
34 { Idaho v. Coeur d Alene Tribe of Idaho, 521 U.S. 261, 284 (1997) Modern U.S. references
35 Researching the CJC ʺClassification was not a strength of Roman jurisprudence. It was a methodology that the Romans borrowed enthusiastically from the Greeks, but in which they generally proved to be relatively inept.ʺ Andrew Borkowski & Paul du Plessis, Textbook on Roman Law (3d ed.), 153.
36 CJC research Secondary Sources Borkowski s Textbook on Roman Law Cambridge Companion to Roman Law Justinian s Institutes Thomas translation
37 CJC Cite format (Edward Gibbon) D Paragraph/ Section Part of CJC Book Law Title Older cites may only give Law+paragraph/section number
38 Bluebook Style (Rule T2.34) CODE JUST (Diocletian & Maximian 290/293). DIG (Ulpian, Ad Edictum 18). J. INST NOV (535)
39 Online sources Blume s Code and Novels (U. of Wyoming)
40 Online Sources Watson s Digest translation (Penn Press)
41 Online sources archive.org
42 Online sources Hein
43 Tables of Contents Almost always present in print first editions Often English+Latin Sometimes just English
44 Indexes Not in Monro s or Watson s Digest Other print first parts of CJC have them
45 Pictures used Slide 4: Diocletian. In Diocletianʹs Palace, Split, Croatia, Hrvatska by User Alecconnell, Wikimedia Commons. (Licensed under CC BY SA 3.0) Slide 4: Bust of Byzantine Empreror Theodosius II (reigned AD) photo by Marie Lan Nguyen. (Licensed under CC BY 2.5) Slide 5: Rome and its Empire: From the Founding of Rome to the Downfall of the Empire by The Map as History. map as history.com/demos/tome12/12_03_founding_of_rome_downfall_empire.php Slide 6: Justinian s Head. Mosaic from S. Vitale of Justinian and his Court. S. Vitale, Ravenna. na.jpg (Public Domain) Slide 7: Tribonian bas relief in the U.S. House of Representatives chamber, sculpture by Brenda Putnam, photo by Architect of the Capitol, relief_in_the_u.s._house_of_representatives_chamber.jpg (Public Domain) Slide 9: Selected Virginia legal titles including Daniel Callʹs copy of George Wytheʹs Decisions of Cases in Virginia by the High Court of Chancery (1795). Cases.jpg Slide 9: Byzantine liturgical parchement scroll, 13th century. Exhibited in the Byzantine and Christian Museum in Athens. Picture by Giovanni DallʹOrto, November 12, _Byzantine_Museum,_Athens_ _Parchement_scroll,_13th_century_ _Photo_by_Giovanni_Dall%27Orto,_Nov_12.jpg
46 Pictures used (cont.) Slide 10: Winner of a Roman chariot race by unknown, Wikimedia Commons. (Public Domain) Slide 10: Theodora. Detail from the 6th century mosaic ʺEmpress Theodora and Her Courtʺ in the Basilica of San Vitale in Ravenna photo by The Yorck Project. (Public Domain) Slide 15: The Eastern Roman Empire (red) and its vassals (pink) in 555 AD during the reign of Justinian I by user Tataryn77, Wikimedia Commons. (Licensed under CC BY SA 3.0) Slide 16: Byzantine Empire in 717 A.D. by users Amonixinator and Hoodinski, Wikimedia Commons. (Licensed under CC BY SA 3.0) Slide 17: Life of the Countess Matilda of Canossa by unknown miniaturist, Italian (active 1160s). century_painters_ _Life_of_the_Countess_Matilda_of_Canossa_ _WGA15961.jpg (Public Domain) Slide 18: Half title from volume one of Corpus Juris Civilis. Slide 19: Title page for D. Justiniani Institutionum Libri Quator, The Four Books of Justinianʹs Institutions. Slide 20: Theodor Mommsen in 1863 by Louis Jacoby. pg (Public Domain)
47 Pictures used (cont.) Slide 21: Wilhelm Kroll by anonymous. Slide 24: Samuel Parsons Scott by unknown. P. Scott%2C translator of The Civil Law Slide 25: Professor Alan Watson by user Soloviev1, Wikimedia Commons. (Public Domain) Slide 26: From About Fred H. Blume and the Annotated Justinian Code, justinian/ Slide 27: Frontispiece from Volume One of The Works of Francis Bacon, pg Slide 31: A Painting of President John Adams by Asher B. Durand. Released by U.S. Navy. N 6236G 001_A_painting_of_President_John_Adams_( ),_2nd_president_of_the_United_States,_by_Asher_B._Durand_( ) crop.jpg (Public Domain) Slide 32: Portrait of George Wythe by David Silvette. With thanks to Michael Umberger for his help.
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