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Code of Justinian

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The Code of Justinian ( Latin : Codex Justinianus , Justinianeus or Justiniani ) 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 .

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35-503: 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 There existed three codices of imperial laws and other individual laws, many of which conflicted or were out of date.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

70-590: A draft of his Annotated Justinian Code , and the Novels which proved extremely valuable for Pharr and his assistants in translating the Theodosian Code and Novels. In the first Theodosian Code draft that Pharr mailed to his editorial consultants in 1944, he wrote of Blume's Justinian's Code translation that it was "of much higher quality than anything else that has been done in this field....We are finding both his translation and his notes invaluable in

105-617: A legislative career, serving one term in the Wyoming House of Representatives (1907–09) and two terms in the Wyoming Senate (1909–13) as a Republican. A turning point in his life came in 1912 when he supported the progressive wing of the party-- Theodore Roosevelt's Bull Moose Party. When the regular Republicans triumphed, Blume understood that his prospects in Wyoming politics would be limited. Years later Blume wrote about

140-713: Is specially noted by Pharr in preface. Professor Pharr continued his project at the University of Texas, but he was unable to find the subvention he needed to produce a Codex Justinianus translation based on Blume's. When Justice Blume retired from the Wyoming Supreme Court in 1963, after 43 years on the bench, the Annual Survey of American Law called him "...the last of that line of judicial giants, famed in American legal history, who moved west in

175-524: The Northwestern University Law School (at the invitation of its dean, John Henry Wigmore ), wrote scholarly articles about Roman law and used Roman law in his judicial opinions. According to one study, he wrote some 700 opinions in the course of his judicial career, and in 19 cases he cited Roman law 79 times and made reference to Roman law or history in 12 other cases. It apparently was these activities that brought him to

210-534: The State University of Iowa (now the University of Iowa) in 1895. He graduated in 1898 as a member of Phi Beta Kappa . Blume was admitted to the practice of law in Iowa in 1899. In 1905, following several years practicing in Iowa, Blume moved with his wife to Sheridan, Wyoming , where J.L. Stotts had offered him a partnership in his law practice. Having already been a city attorney, he turned his focus to

245-462: The University of Wyoming College of Law web site. A 2nd edition, containing numerous editions and corrections, was published in 2009. (The only other English translation of Justinian's Code was made by Samuel Parsons Scott , who did not work from the most authoritative Latin versions and whose translation of the entire Corpus Juris Civilis was not well received.) A new English translation of

280-515: The CJC rather than that of Theodor Mommsen , Paul Krüger , Rudolf Schöll and Wilhelm Kroll , which is accepted as the most reliable, and his translation was severely criticized. Reviewing Scott's work, the Roman law scholar W. W. Buckland wrote that Scott "...had at his disposal an adequate latinity and has produced a version written in an English which can be read with pleasure. But much more than that

315-681: The Codex, based on Blume's, was published in October 2016. List of Byzantine emperors The foundation of Constantinople in 330 AD marks the conventional start of the Eastern Roman Empire , which fell to the Ottoman Empire in 1453 AD. Only the emperors who were recognized as legitimate rulers and exercised sovereign authority are included, to the exclusion of junior co-emperors ( symbasileis ) who never attained

350-759: The Greeks". Towards the end of the Empire, the standard imperial formula of the Byzantine ruler was "[Emperor's name] in Christ, Emperor and Autocrat of the Romans" (cf. Ῥωμαῖοι and Rûm ). Dynasties were a common tradition and structure for rulers and government systems in the Medieval period. The principle or formal requirement for hereditary succession was not a part of the Empire's governance; hereditary succession

385-577: The Middle Ages into an "Epitome Codex", with inscriptions being dropped and numerous other changes made. Some time in the 8th or 9th century, the last three books of the Code were separated from the others, and many other laws in the first nine books, including all of those written in Greek, were dropped. Substantially complete versions of Justinian's Codex were restored around the end of the 12th century, and

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420-618: The US. He joined his elder brother, Wilhelm, who had already immigrated to Elgin, Illinois . Five years later, Fred set off on his own, intending to work in Kansas as a farm hand. However, he fortuitously stopped in Audubon, Iowa , where a German-speaking attorney hired him as an office assistant and let him live in a back room of his office. After completing high school in Audubon, Blume enrolled at

455-519: The attention of Clyde Pharr , a professor of Greek and Latin at Vanderbilt University . In 1933, Pharr wrote to Blume the first of what would be many letters. Pharr asked the justice to join Pharr's "Project for a Variorum Translation into English of the Entire Body of Roman Law," with Blume's translation of the Code to be used as the basis for the project's version of that document. Pharr indicated

490-451: The codex occurred around AD 300.) The Codex Theodosianus was an official compilation ordered by Theodosius II . In February 528, Justinian promulgated the constitution Hac quae necessario , by which was created a ten-man commission to review these earlier compilations as well as individual laws, eliminate everything unnecessary or obsolete, make changes as it saw fit, and create a single compilation of imperial laws in force. The commission

525-430: The constitutions in the Code were to be used alongside the conflicting opinions of ancient jurists. "The citation of the said constitutions of Our Code, with the opinions of the ancient interpreters of the law, will suffice for the disposal of all cases." Justinian attempted to harmonize these conflicting opinions by issuing his "Fifty Decisions" and by passing additional new laws. This meant that his Code no longer reflected

560-647: The court, he continued to work on the translation in his spare time. He noted in his correspondence that he "...devoted to it substantially every evening until eleven o'clock at night or later, and every Saturday afternoon and Sunday with few exceptions." Blume appears to have completed his first draft of the translation in 1923 or 1924, but he continued to study Roman law, revise his translation, and to annotate it extensively. The typed manuscripts of his Annotated Justinian Code and of his Novels translation together amount to more than 4,500 pages. While he worked on his translation, Justice Blume also taught Roman law at

595-428: The day after the election: "I decided on that day that I would quit politics and spend the time which I had devoted to it to something else." Blume read extensively about the history of Western civilization . He became especially interested in Roman law and started building an extensive library that eventually would amount to approximately 2,300 volumes. In 1921, he was appointed to the Wyoming Supreme Court to fill

630-543: The duties of higher offices; books 2–8 cover private law; book 9 deals with crimes; and books 10–12 contain administrative law. The Code's structure is based on ancient classifications set out in the edictum perpetuum (perpetual edict), as is that of the Digest. In the West, Justinian's Codex was largely lost, or in many places never present, due to the limited western extent of the Roman territories. The Latin version known today

665-691: The end, Professor Pharr's ambitious project resulted in only two works: "The Theodosian Code" (1952) and "Ancient Roman Statutes" (1961) In 1938, Blume addressed the Riccobono Seminar on Roman Law, a law society meeting at the Catholic University of America , founded by Salvatore Riccobono on The Code of Justinian, and its Value . By 1939, Blume ceased work on the Code translation as his hopes for publication faded. However, in 1943, Pharr renewed contact with Blume and asked him to send him his manuscript. Justice Blume sent Pharr

700-581: The humanists of the 16th century added the laws originally promulgated in Greek. Paul Krüger created the modern, standard version of the Codex in 1877. No English translations were made of the Codex until the 20th century. In 1932, the English translation of the entire Corpus Juris Civilis (CJC) by Samuel Parsons Scott was published posthumously. Unfortunately, Scott used the Kriegel brothers' edition of

735-661: The imperial seat moving from Rome to Byzantium, the Empire's integration of Christianity, and the predominance of Greek instead of Latin. The Byzantine Empire was the direct legal continuation of the eastern half of the Roman Empire following the division of the Roman Empire in 395. Emperors listed below up to Theodosius I in 395 were sole or joint rulers of the entire Roman Empire. The Western Roman Empire continued until 476. Byzantine emperors considered themselves to be Roman emperors in direct succession from Augustus ;

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770-488: The interpretation of many difficult and obscure passages of the Theodosian Code ." Blume also acted as an editorial consultant for Pharr's project and sent him his own translations of part of Book X and of Books XIV-XVI of the Theodosian Code , which proved very helpful. The Theodosian Code translation was published in 1951 by Princeton University Press as first volume in "The Corpus of Roman Law" series; Blume

805-577: The latest imperial law. Thus, Justinian ordered a new compilation to supersede the first, and this Codex was published in 534. No copies of the first edition of the Code have survived; only a fragment of an index of contents on an Egyptian papyrus remains. Known as the Codex Repetitae Praelectionis , this second edition of the Code was published on November 16, 534, and took effect on December 30. The Codex consists of twelve books: book 1 concerns ecclesiastical law, sources of law, and

840-471: The project would translate into English: "1) Brunes, "Fontes Iuris Romani"; 2) other inscriptional material; 3) the pre-Justinian collections of Roman jurisprudence; 4) the Theodosian Code and novels; 5) other pre-Jusinian legislation; 6) the Corpus Juris Civilis; 7) the most important legal materials culled from classical authors such as Cicero, Pliny and Aulus Gellius; 8) papyri material." In

875-481: The status of sole or senior ruler, as well as of the various usurpers or rebels who claimed the imperial title. The following list starts with Constantine the Great , the first Christian emperor, who rebuilt the city of Byzantium as an imperial capital, Constantinople, and who was regarded by the later emperors as the model ruler. Modern historians distinguish this later phase of the Roman Empire as Byzantine due to

910-532: The subject, I wondered if I might not be able to add my little mite to the culture of the world by translating at least one of these Codes. Here was the germ of the thought of the translation of the Justinian Code, although I did not realize at the time the difficulties that lay ahead." Blume appears to have begun translating the Codex Justinianus into English in 1920. After being appointed to

945-656: The term "Byzantine" became convention in Western historiography in the 19th century. The use of the title "Roman Emperor" by those ruling from Constantinople was not contested until after the papal coronation of the Frankish Charlemagne as Holy Roman emperor (25 December 800). The title of all Emperors preceding Heraclius was officially " Augustus ", although other titles such as Dominus were also used. Their names were preceded by Imperator Caesar and followed by Augustus . Following Heraclius,

980-588: The title commonly became the Greek Basileus (Gr. Βασιλεύς), which had formerly meant sovereign , though Augustus continued to be used in a reduced capacity. Following the establishment of the rival Holy Roman Empire in Western Europe, the title " Autokrator " (Gr. Αὐτοκράτωρ) was increasingly used. In later centuries, the Emperor could be referred to by Western Christians as the "Emperor of

1015-508: The vacancy caused by the death of Charles E. Blydenburgh , on which he would serve until his retirement in 1963. He served as chief justice during three periods: 1927–31, 1937–39, and 1945–47. He also became a Mason . In 1919, while developing his library, he learned that there was no English translation of either the Theodosian Code or the "Code of Justinian" ( Codex Justinianus ). Of this discovery he wrote: "So, ruminating on

1050-417: The vanguard of civilization, helped mold the jurisprudence of the youthful states...and injected into the mainstream of American law, the sprightly breeze of a favonian current." Justice Blume died at age 96 in 1971 with his magnum opus unpublished. However, in 2007 The Annotated Justinian Code , The Novels , and his Riccobono Seminar address, " The Code of Justinian, and its Value " were published at

1085-692: Was a German-born American attorney and judge. He served as a justice of the Wyoming Supreme Court for 42 years, from 1922 to 1963, and by himself translated from Latin into English the Codex Justinianus and the Novels (or Novellae Constitutiones ), two parts of the Corpus Juris Civilis . Friedrich Heinrich Blume was born in Winzlar , Germany. In 1887, at the age of 12, Blume immigrated by himself to

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1120-1811: Was a custom and tradition, carried on as habit and benefited from some sense of legitimacy, but not as a "rule" or inviolable requirement for office at the time. (30 years, 9 months and 27 days) (24 years, 1 month and 25 days) (1 year, 7 months and 23 days) (7 months and 21 days) (1 month and 2 days) (14 years, 4 months and 12 days) (5 months and 10 days) (15 years, 11 months and 29 days) (13 years, 3 months and 14 days) (42 years, 2 months and 27 days) (6 years, 5 months and 2 days) (16 years, 11 months and 11 days) (10 months) (11 months and 11 days) August 476 – 9 April 491 (14 years and 8 months) (1 year and 7 months) (27 years, 2 months and 28 days) (9 years and 23 days) (38 years, 7 months and 13 days) (12 years, 10 months and 21 days) (3 years, 10 months and 19 days) (20 years, 3 months and 14 days) (7 years, 10 months and 12 days) (30 years, 4 months and 6 days) (3 months and 14 days) (8 months and 25 days) (26 years and 10 months) (16 years and 10 months) (10 years) (3 years) (7 years) (6 years, 2 months and 14 days) (1 year, 6 months and 30 days) (less than 2 years) (less than 2 years) (24 years, 2 months and 24 days) (34 years, 2 months and 27 days) (2 years and 5 months) (4 years, 11 months and 25 days) (16 years, 11 months and 11 days) (5 years, 2 months and 12 days) (8 years, 8 months and 26 days) (2 months and 4 days) (1 year, 9 months and 9 days) Fred H. Blume Fred Heinrich Blume ( / b l uː m / ; January 9, 1875 – September 26, 1971), or Fred H. Blume , as he referred to himself,

1155-581: Was headed by the praetorian prefect John the Cappadocian and also included Tribonian , who was later to head the other Corpus Juris Civilis projects. The commission finished its work in 14 months, and the compilation was promulgated in April 529 by the Constitutio Summa . However, this compilation did not eliminate all the conflicts that had arisen over the years in Roman jurisprudence, and

1190-584: Was needed, and the work cannot be said to satisfy these further requirements." Around the same time that Scott was active, Wyoming Supreme Court Justice Fred H. Blume was translating the Code and Novels, using the standard Mommsen, Krüger, Schöll, and Kroll version. While this was not printed in his lifetime, in 2005 his translation of both the Code and the Novels was published on the Annotated Justinian Code website. A new English translation of

1225-527: Was painstakingly restored over many centuries. The only known manuscript that once contained the entire Latin Codex is a Veronese palimpsest of the 6th or 7th century; it is now only fragments. Within its home in the Roman Empire, the code was translated into Greek, which had become the governing language, and adapted, in the 9th century as the Basilika . It appears as if the Latin Code was shortened in

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