# Study Notes: European Codification History and Roman Law ## Key Concepts in European Codification History ### Justinian's Codification in Italy - **Date of Codification**: August 13, 554. - **Key Proclamation**: Emperor Justinian declared that the laws in his codices (Corpus Iuris Civilis) would have the force of law in Italy. This included: - The **Institutes** (legal textbook for students). - The **Digest** (compilation of Roman jurists' writings). - The **Codex** (collection of imperial constitutions). - The **Novellae** (new laws issued by Justinian). The codification profoundly influenced the development of private law across Western Europe. #### Justinian's Ambitions - **Military Goals**: Reunite the Roman Empire by subduing Germanic tribes (e.g., Vandals, Ostrogoths). - **Legal Goals**: Establish a unified legal framework across the empire. #### Italian Campaign - **Key Generals**: Belisarius and Narses. - **Outcome**: Italy was reconquered from the Ostrogoths by 553, making it the only Western European region where Justinian's codices were formally introduced. The **Codex Florentinus**, a manuscript of the Digest, is a surviving example of Justinian's legal texts sent to Italy. It became the foundation for the revival of Roman law in medieval Europe. --- ### Decline of Justinian's Legal Influence - **Langobard Invasion (568)**: Germanic Langobards conquered much of Italy, disrupting the application of Justinian's laws. - **Fragmentation**: Italy split into Langobard (Germanic) and Byzantine (Roman) territories, leading to legal disintegration. #### Survival of Roman Law - **Limited Use**: Only parts of the Codex and Novellae remained in use, often in simplified forms like: - **Authenticum**: Latin translation of the Novellae. - **Epitome Juliani**: A summary of the Novellae for Latin-speaking students. It is often assumed that Justinian's laws were universally applied in Italy. In reality, their influence was limited to specific regions and periods. --- ### Personal Law vs. Territorial Law - **Personal Law (Personalitätsprinzip)**: Legal systems applied based on an individual's ethnic group. - Example: Langobards followed Langobard law, while Romans adhered to Justinian's codification. - **Challenges**: - Mixed communities (e.g., intermarriages) made it difficult to determine applicable laws. - **Professiones iuris**: Declarations of which law an individual wished to be judged by became common. #### Transition to Territorial Law - Over time, personal law gave way to **territorial law**, where local customs and practices governed all residents of a region. Territorial law marked the beginning of localized legal systems, which later evolved into modern national laws. --- ### Customary Law and Judges' Role - **Customary Law**: Unwritten rules based on long-standing practices and societal acceptance (opinio iuris). - **Requirements**: 1. Long-term observance. 2. Belief that the practice is legally binding. #### Judges' Role - Judges interpreted and applied customary law, often creating **judges' law** (rechtersrecht). - **Turbe**: Panels of local experts consulted by judges to determine customs. In medieval Italy, judges often relied on Roman law principles to fill gaps in customary law, leading to the perception of Roman law as "common law" (ius commune). England followed a similar path, but centralized its legal system into the **common law**, unlike Italy's fragmented approach. --- ## Feudalism and Legal Fragmentation ### Origins of Feudalism - **Cause**: Collapse of centralized Roman authority in Western Europe. - **Vassalage**: Individuals sought protection from local lords by pledging loyalty (commendatio). - Lords provided protection in exchange for military service and counsel (auxilium et consilium). #### Feudal Hierarchy - Feudalism spread across Europe, including Italy, where it contributed to legal and political fragmentation. In Japan, a similar feudal system emerged under the shoguns, demonstrating the universality of feudal structures in the absence of strong central authority. --- ### Impact on Legal Systems - **Localized Laws**: Feudal lords governed their territories with their own laws, further fragmenting Italy's legal landscape. - **Territorial Customary Law**: Over time, local customs replaced personal laws, creating a patchwork of regional legal systems. Feudalism's decentralization of power delayed the unification of Italy's legal system until much later in history. --- ## Key Takeaways 1. **Justinian's Codification**: Aimed to unify the Roman Empire legally and militarily but had limited long-term success in Italy. 2. **Langobard Influence**: Introduced Germanic legal traditions, which coexisted with remnants of Roman law. 3. **Transition to Territorial Law**: Marked the decline of personal law and the rise of localized legal systems. 4. **Customary Law**: Played a significant role in medieval legal systems, with judges shaping its application. 5. **Feudalism**: Contributed to Italy's legal fragmentation, contrasting with centralized systems like England's common law. - Why was Justinian's codification significant for European legal history? - How did the Langobard invasion affect the application of Roman law in Italy? - What is the difference between personal law and territorial law? - How did feudalism influence the development of legal systems in medieval Europe?