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Law Of Citations
The Law of Citations (''Lex citationum'') was a Roman law issued from Ravenna in AD 426 by the emperor Valentinian III, or rather by his regent mother, Galla Placidia Augusta, to the Senate and the people of Rome, and it included in both Theodosius II's law compilation of 438 (''Codex Theodosianus'' 1, 4, 3) and the first edition of the ''Codex Justinianus''. It was designed to help judges deal with vast amounts of jurist writings on a subject and thus to reach a decision. According to the legal historian Alan Watson, "This Law of Citations marks a low point of Roman jurisprudence, since t declaresthe correct opinion is to be found by counting heads, not by choosing the best solution". Nonetheless, it was "exhibiting no mean instinct of statesmanship" and may be viewed as an attempt to simplify adjudication in practice, "in opposition to the growing ignorance and ubiquitous corruption and injustice of the times". Authority was given to Ulpianus, Gaius, Paulus, Papinianus and Mo ...
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Roman Law
Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the ''Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor Justinian I. Roman law forms the basic framework for Civil law (legal system), civil law, the most widely used legal system today, and the terms are sometimes used synonymously. The historical importance of Roman law is reflected by the continued use of List of legal Latin terms, Latin legal terminology in many legal systems influenced by it, including common law. After the dissolution of the Western Roman Empire, the Roman law remained in effect in the Eastern Roman Empire. From the 7th century onward, the legal language in the East was Greek. ''Roman law'' also denoted the legal system applied in most of Western Europe until the end of the 18th century. In Germany, Roman law practice remained in place longer under the Holy Roman Empire ( ...
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Valentinian III
Valentinian III ( la, Placidus Valentinianus; 2 July 41916 March 455) was Roman emperor in the West from 425 to 455. Made emperor in childhood, his reign over the Roman Empire was one of the longest, but was dominated by powerful generals vying for power amid civil wars and the invasions of Late Antiquity's Migration Period, including the campaigns of Attila the Hun. He was the son of Galla Placidia and Constantius III, and as the great-grandson of Valentinian I () he was the last emperor of the Valentinianic dynasty. As a grandson of Theodosius I (), Valentinian was also a member of the Theodosian dynasty, to which his wife, Licinia Eudoxia, also belonged. A year before assuming the rank of ''augustus'', Valentinian was given the imperial rank of ''caesar'' by his half-cousin and co-emperor Theodosius II (). The '' augusta'' Galla Placidia had great influence during her son's rule. During his early reign Aetius, Felix, and the ''comes africae'', Bonifacius all competed ...
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Galla Placidia
Galla Placidia (388–89/392–93 – 27 November 450), daughter of the Roman emperor Theodosius I, was a mother, tutor, and advisor to emperor Valentinian III, and a major force in Roman politics for most of her life. She was List of Visigothic queens, queen consort to Ataulf, king of the Visigoths from 414 until his death in 415, briefly empress consort to Constantius III in 421, and managed the government administration as a regent during the early reign of Valentinian III, until her death. Family Placidia was the daughter of Theodosius I and his second wife, Galla (wife of Theodosius I), Galla, who was herself daughter of Valentinian I and his second wife, Justina (empress), Justina. Galla Placidia's date of birth is not recorded, but she must have been born either in the period 388-89 or 392–93. Between these dates, her father was in Italy following his campaign against the usurper Magnus Maximus, while her mother remained in Constantinople. A surviving letter from Bisho ...
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Theodosius II
Theodosius II ( grc-gre, Θεοδόσιος, Theodosios; 10 April 401 – 28 July 450) was Roman emperor for most of his life, proclaimed ''Augustus (title), augustus'' as an infant in 402 and ruling as the eastern Empire's sole emperor after the death of his father Arcadius in 408. His reign was marked by the promulgation of the Theodosian law code and the construction of the Theodosian Walls of Constantinople. He also presided over the outbreak of two great Christological controversies, Nestorianism and Eutychianism. Early life Theodosius was born on 10 April 401 as the only son of Emperor Arcadius and his wife Aelia Eudoxia.''PLRE'' 2, p. iarchive:prosopography-later-roman-empire/PLRE-II/page/1100/mode/2up, 1100 On 10 January 402, at the age of 9 months, he was proclaimed co-a''ugustus'' by his father, thus becoming the youngest to bear the imperial title Michael III, up to that point. On 1 May 408, his father died and the seven-year-old boy became emperor of the Eastern ...
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Codex Theodosianus
The ''Codex Theodosianus'' (Eng. Theodosian Code) was a compilation of the laws of the Roman Empire under the Christian emperors since 312. A commission was established by Emperor Theodosius II and his co-emperor Valentinian III on 26 March 429 and the compilation was published by a constitution of 15 February 438. It went into force in the eastern and western parts of the empire on 1 January 439. The original text of the codex is also found in the ''Breviary of Alaric'' (also called ''Lex Romana Visigothorum''), promulgated on 2 February 506. Development On 26 March 429, Emperor Theodosius II announced to the Senate of Constantinople his intentions to form a committee to codify all of the laws (''leges'', singular ''lex'') from the reign of Constantine up to Theodosius II and Valentinian III.Peter Stein, pp. 37-38 The laws in the code span from 312 to 438, so by 438 the "volume of imperial law had become unmanageable". Twenty-two scholars, working in two teams, worked for nine ...
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Codex Justinianus
The Code of Justinian ( la, Codex Justinianus, or ) is one part of the ''Corpus Juris Civilis'', the codification of Roman law ordered early in the 6th century AD by Justinian I, who was Eastern Roman emperor in Constantinople. Two other units, the Digest and the Institutes, were created during his reign. The fourth part, the ''Novellae Constitutiones'' (New Constitutions, or Novels), was compiled unofficially after his death but is now also thought of as part of the ''Corpus Juris Civilis''. Creation Shortly after Justinian became emperor in 527, he decided the empire's legal system needed repair. There existed three codices of imperial laws and other individual laws, many of which conflicted or were out of date. The Codex Gregorianus and the Codex Hermogenianus were unofficial compilations. (The term "Codex" refers to the physical aspect of the works, being in book form, rather than on papyrus rolls. The transition to the codex occurred around AD 300.)Jolowicz, 1972, p. 463 ...
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Alan Watson (legal Scholar)
W. Alan J. Watson (1933 – 7 November 2018) was a Scottish legal historian, regarded as one of the world's foremost authorities on Roman law, comparative law, legal history, and law and religion. He is credited for coining the term " legal transplants". Watson was educated at St John's Grammar school and at the Hamilton Academy, subsequently attending the Glasgow University, graduating in Arts in 1954 and in Law in 1957. He began his professional academic career at Oxford University, before taking the Douglas Chair in Civil Law at the School of Law of his alma mater, the University of Glasgow. He later served as Distinguished Research Professor and held the Ernest P. Rogers Chair at the University of Georgia School of Law. He was also Visiting Professor at the Edinburgh University School of Law, where he held the Chair in Civil Law from 1968 until 1981. Watson regularly served as a distinguished lecturer at leading universities in the United States and such countries as Ita ...
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Jurisprudence
Jurisprudence, or legal theory, is the theoretical study of the propriety of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and they also seek to achieve a deeper understanding of legal reasoning and analogy, legal systems, legal institutions, and the proper application of law, the economic analysis of law and the role of law in society. Modern jurisprudence began in the 18th century and it was based on the first principles of natural law, civil law, and the law of nations. General jurisprudence can be divided into categories both by the type of question scholars seek to answer and by the theories of jurisprudence, or schools of thought, regarding how those questions are best answered. Contemporary philosophy of law, which deals with general jurisprudence, addresses problems internal to law and legal systems and problems of law as a social institution that relates to the larger political and social context in which it exists.Shi ...
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Ulpianus
Ulpian (; la, Gnaeus Domitius Annius Ulpianus; c. 170223? 228?) was a Roman jurist born in Tyre. He was considered one of the great legal authorities of his time and was one of the five jurists upon whom decisions were to be based according to the Law of Citations of Valentinian III. Biography The exact time and place of his birth are unknown, but the period of his literary activity was between AD 211 and 222. He made his first appearance in public life as assessor in the auditorium of Papinian and member of the council of Septimius Severus; under Caracalla he was master of the requests (''magister libellorum''). Elagabalus (also known as Heliogabalus) banished him from Rome, but on the accession of Severus Alexander (222) he was reinstated, and finally became the emperor's chief adviser and '' Praefectus Praetorio''. During the Severan dynasty, the position of Praetorian prefect in Italy came increasingly to resemble a general administrative post, and there was a tendency to a ...
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Gaius (jurist)
Gaius (; '' fl.'' AD 130–180) was a Roman jurist. Scholars know very little of his personal life. It is impossible to discover even his full name, Gaius or Caius being merely his personal name ('' praenomen''). As with his name it is difficult to ascertain the span of his life, but it is safe to assume he lived from AD 110 to at least AD 179, since he wrote on legislation passed within that time. From internal evidence in his works it may be gathered that he flourished in the reigns of the emperors Hadrian, Antoninus Pius, Marcus Aurelius and Commodus. His works were thus composed between the years 130 and 180. After his death, however, his writings were recognized as of great authority, and the emperor Theodosius II named him in the ''Law of Citations,'' along with Papinian, Ulpian, Modestinus and Paulus, as one of the five jurists whose opinions were to be followed by judicial officers in deciding cases. The works of these jurists accordingly became most important sou ...
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Paul (jurist)
Julius Paulus ( el, Ἰούλιος Παῦλος; fl. 2nd century and 3rd century AD), often simply referred to as Paul in English, was one of the most influential and distinguished Roman jurists. He was also a praetorian prefect under the Roman Emperor Alexander Severus. Life Little is known of the life and family of Paulus; he was a man of Greek descent, who originated from an unknown Phoenician town or from Patavium (modern Padua Italy). The possibility that Paulus could come from Patavium is based on a statue with an inscription found in Patavium dedicated to a Paulus. During the reign of emperors Septimius Severus and Caracalla, Paulus served as a jurist. He was exiled by the emperor Elagabalus and recalled from exile by his successor, emperor Alexander Severus. Severus and his mother Julia Avita Mamaea in 222, appointed him among the emperor's chief advisers and between 228 and 235, he was the Praetorian prefect of the Praetorian Guard. Paulus was a contemporary of the ju ...
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Papinian
Aemilius Papinianus (; grc, Αἰμίλιος Παπινιανός; 142 CE–212 CE), simply rendered as Papinian () in English, was a celebrated Roman jurist, ''magister libellorum'', attorney general (''advocatus fisci'') and, after the death of Gaius Fulvius Plautianus in 205 CE, praetorian prefect. Papinian was one of the most revered jurists in ancient Rome, as third year law students were given the title "''Papinianistae''" (meaning "they that are worthy to study Papinian"). In his time, he had been called "the Asylum of Right and Treasurer of the Laws". Along with Gaius, Paulus, Modestinus and Ulpian, he was made one of the five jurists whose recorded views were considered decisive by the Law of Citations of 426 CE; their views would later be considered the only suitable ones to be cited as primary sources for the ''Codex Theodosianus'' and the ''Corpus Juris Civilis'', provided that Papinian's views prevailed whenever those of the four other jurists were not congruen ...
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