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A fact from this article was featured on Wikipedia's Main Page in the On this day section on April 7, 2008, April 7, 2009, and April 7, 2010. |
It underwent major reforms during the Macedonian Dynasty, and it also had a profound impact on maritime law. This article should be broken down to reflect these points and others in more detail. --Anon
In the course of my edit, I removed the following language from the beginning of the article.
This was inserted by an anonymous user yesterday and I think it was not an entirely appropriate statement for a couple of reasons:
For these reasons, I replaced the paragraph in question with a more detailed and softer statement regarding the reflection of the Empire's social order in the CIC and specifically the position of Jews. I moved this text from the beginning of the article to the section dealing with the Codex Justinianus. I think this is more appropriate since the Code is the part which contains most (if not all) of the disciminatory provisions. I would like to leave it to further discussion whether it is advisable to write about the discriminatory provisions in the CIC at such length in this article.
I completely deleted the text regarding judaism as an infectious disease. If someone comes up with a source containing such language, it could be put back in.
I hope these changes are acceptable to all, including the user who inserted the original paragraph. Otherwise I'll be happy to discuss all suggestions for futher improvements and enhancements of the text. --Thomas Ruefner 20:16, 20 Feb 2005 (UTC)
I don't think the paragraph on anti-Jewish legislation belongs in this article at all: it makes it sound as if this legislation exists as a separate volume alongside the Codex, the Digest and the Novellae. The information is important, but should go to some more general article on late Roman law. --Sir Myles na Gopaleen (the da) 13:34, 31 July 2007 (UTC)Reply
I want to enlarge this article to cover a wider variety of time, I have a few good sources now so can we change it?
Someone had made a rather unintellectual addition to this page. I think I managed to remove it, however am new to Wikipedia alterations....it was in the second section..—Preceding unsigned comment added by 86.27.58.87 (talk • contribs)
"It is certainly true that the Corpus Iuris contains a nuber of provisions which discriminate against Jews", byzantine law ....Judaism... racism... Totally shocked here. Folks, where did you study Roman Law Institutions? Who were your professors?
--Jack 1:30, 17 Jan 2007 (UTC)
Justinian was a survivor of the plague, although it took it's toll on him and he later suffered many effects of the disease. This may have taken a few years off what his life span would have been.
I disagree with part of the intro particularly the following statement.
This seems to imply Roman law was effectively dead worldwide and Justinian brought about a renaissance. That implication is completely untrue. Roman law was alive and well in the empire. Justinian's contribution was to codify and organize what had been a patchwork of legislation.
What is true is that in the West Roman law had largely died out and when the West began to reorganize itself they adopted Justinian's code as the basis for their new legal systems (at that time they were not "denying" the Romanness of the Eastern Roman Empire as Western historians of the Renaissance did).
Also, by the same token is it appropriate to call Justinian a "Byzantine Emperor"? Granted the point in history where "Roman" history ends and "Byzantine" history begins is highly debated. But, among other things, the term "Byzantine" tends to be reserved for the period when the empire switched to being strictly Greek-speaking and stopped associating itself with the West. Given that Latin was the language of Justinian's court, and he was the one that tried to restore the empire, it seems odd to not call him the Roman Emperor. The Justinian I article refers to him as the Eastern Roman Emperor which seems more appropriate.
--Mcorazao 05:25, 7 November 2007 (UTC)Reply
People who haven't read any history seem to have such a problem over this descriptive term. It was confidently deleted here, where it is currently being used to modify Odoacer's kingdom, suggestive of. Odoacer's struggle to keep up Roman appearances. "Sub-Roman" is such a clear signifier: do people think it means "sub-human" or something? I'm hornswoggled. --Wetman (talk) 20:39, 25 December 2007 (UTC)Reply
Why is it called "Corpus Juris Civilis", I thought in Latin "J" did not exist? Gryffindor 20:30, 19 October 2008 (UTC)Reply
I Think Juris should be changed to Iuris. —Preceding unsigned comment added by Twodogsstuck (talk • contribs) 04:03, 31 January 2009 (UTC)Reply
A discussion on the origins of the Scottish legal system is taking place at WikiProject Scotland. Editors of this article may be able to throw light on the topic. To contribute to the discussion, please click here. References, per WP:VERIFY, would be especially welcome! Thank you in advance. --Mais oui! (talk) 08:07, 9 February 2009 (UTC)Reply
The article states: "Justinian gave orders to collect legal materials of various kinds into several new codes, spurred on by the revival of interest in the study of Roman law in the Middle Ages." While it may be technically correct to refer to this period as Early Medieval, most people would think of the Sixth Century as being more Late Antiquity. Indeed, the characterization "Late Antiquity" seems especially appropriate for the Corpus Juris Civilis, because it represents the final development of a Roman institution rather than the beginning of what would become a Medieval institution. Indeed, the CJC was essentially forgotten in Western Europe during the Early Middle Ages. It was Western Europe's rediscovery of the CJC at the end of the 11th Century/beginning of the 12th Century that gave rise to the CJC's status as the primary source of law in modern Continental Europe, a hiatus that suggests the CJC's origin should be understood more as Late Roman than as Early Medieval. It has even been commented that the timing of the discovery of the CJC is one reason why the common law system arose in England, while the civil law system took root in Continental Europe. England had to fashion a new legal system following the Norman Conquest of 1066, and this was done on the basis of traditional law because there was no other source of law available. Less than a century later, as Continental European economic institutions were becoming more complex and the CJC was being rediscovered, the CJC began to be adopted on the Continent -- through the influence of universities -- because it offered a set of rules appropriate for increasingly complex market economies -- which had not existed in Europe for centuries. England did not join in this adoption, largely because England had just created a new legal system and was still in the process of adapting its newly-developed legal institutions to the changing conditions of the time. Thus, the common law system may be seen as Medieval in origin, while the civil law system may be seen as Roman in origin, or at least in inspiration. Since the CJC represents the end of Roman law rather than the beginning of Medieval law, it may be more appropriate to describe its time period as that of Late Antiquity. Bob99 (talk) 14:00, 7 April 2010 (UTC)Reply
A section on the existing manuscripts, their quality, and the general question of how well the text has been preserved, would be very useful, as for most texts from before the printing age. So if you know about this (I don't), please add something. -- 85.179.173.180 (talk) 11:18, 21 April 2010 (UTC)Reply
On 9 December 20110, user 98.117.124.36 changed "uniting Church and state" to "creating a pseudo-theocracy". I have reverted this, as (said with necessary brevity) "casting more shadow than light". How Justinian's regime is to be characterised is much debated: it used to be termed "caesaro-papism", but that has fallen out of use as imprecise, and perhaps anachronistic in both elements. "Uniting", too, is vague, since the association between church and state was through the emperor as head of both rather than an institutional combination - governors and bishops had their distinct spheres. It can also be questioned whether this structure was achieved by Justinian's laws or only registered in them as something already in existence. One has at least to distinguish earlier laws that are recorded in the Code from those that had been enacted by Justinian himself. I would leave "uniting Church and state", as begging questions but not mortgaging them to any particular answer. Answers might be introduced later in the section, or linked to if they are provided elsewhere. --Wikiain (talk) 23:09, 9 December 2010 (UTC)Reply
”Uniting Church and state” is inaccurate and stating that Justinian was the head of both the state and the church is simply untrue: in Eastern Orthodoxy there is no head of the Church, the only ones with authority are the bishops of the Church. Eastern emperors were often considered collaborators and co-workers of the Christian Church but not once were they given a papal-like status, as evident by the temporal excommunication of emperor Theodosius by Pope/Bishop Ambrosius and emperor Leo the Isaurian's iconoclastic views that were firmly rejected by most of the church's bishops. Furthermore, except for a few exceptional cases, bishops never held political office and emperors never held the title ”Pontifex Maximus”. Justinian never was a bishop, much less a head of the church. In the Byzantine Empire the state and the church collaborated with each other but they weren't ruled by one and the same authority, so Byzantium wasn't exactly a theocracy. Emperors based their policy on Christianity at lot but they weren't authorities of the Christian Church and they had no say in terms of religious doctrine, or if they did their word wasn't final since it had to be approved by the church bishops. Byzantium was a rather secular-religious hybrid. — Preceding unsigned comment added by 213.233.93.157 (talk) 10:32, 21 June 2013 (UTC)Reply
Why does the above-named re-working of the Code, which came into force in 534 by the constitutio Cordi, not feature in this article? —Preceding unsigned comment added by 94.173.31.167 (talk) 13:22, 21 January 2011 (UTC)Reply
Hello and welcome, Noailles - since you don't yet have a talk page. I think you've made some useful contributions in this and related articles, but I also think they need to be more checked out and more clearly presented - for example, using citation templates which you can find in Help. Best wishes --Wikiain (talk) 23:56, 20 March 2013 (UTC)Reply
This has been created is anyone want to expand it. Philafrenzy (talk) 16:01, 16 November 2013 (UTC)Reply
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