Search engine for discovering works of Art, research articles, and books related to Art and Culture
ShareThis
Javascript must be enabled to continue!

Two Constitutions, an Omitted Justinian Code and a Thematic Codification

View through CrossRef
Abstract The present article focuses on two constitutions, and one Justinian Novel, all dealing with a prohibition on the alienation of ecclesiastical immovable property. The two constitutions, the first of which was issued by emperor Leo I in 470, the second by emper-or Anastasius between 491 and 518, were both incorporated into Justinian’s Codex repeti-tae praelectionis (issued in 534), viz. as C.I. 1.2.14 (Leo I) and C.I. 1.2.17 (Anastasius) resp. In the preface to his Nov. 7 – promulgated 15 April 535 – the emperor Justinian explicitly refers to both constitutions, but completely ignores their incorporation into the Justinian Code. The article investigates this curious state of affairs, and explains how Justinian solved this apparent enigma. Finally, the article concludes that the ensemble consisting of C.I. 1.2.14 and Nov. 7 make up a thematical Codification, restricted to the provisions ofthe ban on the alienation of ecclesiastical immovable property as laid down in Leo’s consti-tution and Justinian’s Novel.
Title: Two Constitutions, an Omitted Justinian Code and a Thematic Codification
Description:
Abstract The present article focuses on two constitutions, and one Justinian Novel, all dealing with a prohibition on the alienation of ecclesiastical immovable property.
The two constitutions, the first of which was issued by emperor Leo I in 470, the second by emper-or Anastasius between 491 and 518, were both incorporated into Justinian’s Codex repeti-tae praelectionis (issued in 534), viz.
as C.
I.
1.
2.
14 (Leo I) and C.
I.
1.
2.
17 (Anastasius) resp.
In the preface to his Nov.
7 – promulgated 15 April 535 – the emperor Justinian explicitly refers to both constitutions, but completely ignores their incorporation into the Justinian Code.
The article investigates this curious state of affairs, and explains how Justinian solved this apparent enigma.
Finally, the article concludes that the ensemble consisting of C.
I.
1.
2.
14 and Nov.
7 make up a thematical Codification, restricted to the provisions ofthe ban on the alienation of ecclesiastical immovable property as laid down in Leo’s consti-tution and Justinian’s Novel.

Related Results

Codification of legislation or codification of law: statement of the problem
Codification of legislation or codification of law: statement of the problem
The publication is devoted to the problem of choosing a formulation that most fully reveals the nature of legal codification. Basically, researchers write either about the codifica...
Was There a Cultural Renaissance Under Justinian?
Was There a Cultural Renaissance Under Justinian?
The age of Justinian has often been considered a period in which classical Greek literature was flourishing. Edward Gibbon, who considered the Byzantine period an era of cultural d...
Do Constitutions Matter? The Dilemma of a Radical Lawyer
Do Constitutions Matter? The Dilemma of a Radical Lawyer
Constitutions do not make revolutions. Revolutions make constitutions. No constitution envisages its own death for that is what a revolution entail. But constitutions matter. Some ...
The Cultural Evolution of National Constitutions
The Cultural Evolution of National Constitutions
We introduce a hybrid of approaches, inspired by biology and genetics, to analyze patterns of cultural inheritance and innovation through the study of the diffusion of ideas throu...
Repudium i jego skutki prawne w świetle kodyfikacji Justyniana
Repudium i jego skutki prawne w świetle kodyfikacji Justyniana
Among the allowable forms of termination of marriage in Justinian law were repudium and divortium. At the time of Christian emperors, however, under the influence of the views of t...
"Codification Historical Perspective and Current Importance”
"Codification Historical Perspective and Current Importance”
Abstract:<br>The process of Codification of laws is a systematic compilation of laws and statutes with the purpose to establish a standardized source of compiled laws for inf...

Back to Top