Information Sources Of Roman Law
1- Information Sources of Roman Law:
The sources of information of Roman law constitute the basis of the law of today’s continental Europe. We analyse this period in three sections: the sources of information before Iustinianus, the compilation of Iustinianus (Corpus Iuris Civilis) and the sources of information after Iustinianus.
A- Sources of Information Before Iustinianus: The most important of the sources of information before Iustinianus is a book consisting of four chapters called Institutiones (Institutions) prepared by Gaius. This book contains the basic institutions and concepts of law.
B- Compilation of Iustinianus (Corpus Iuris Civilis): Iustinianus ordered the jurists to carry out codification work in order to unify and codify the law. As a result of the compilations of the jurists, the Corpus Iuris Civilis, consisting of four parts including the decrees of Iustinianus, was prepared.
The first part of the corpus consists of Gaius’ Institutiones.
The second part is the Digesta (Pandecta). Digesta is the most comprehensive and the largest section. Digesta is a section taken from the works of classical jurists and organised, classified and published in a certain system. In Digesta, there are texts describing concrete events. Abstract judgements are deduced from these concrete events.
The third section is Codex and this section consists of emperor’s decrees.
The fourth part is Novallae. . This section is similar to the Codex. But it consists only of the decrees of Emperor Iustinianus.
However, in the examples of Corpus Iuris Civilis we have today, there are Interpolatio and Glossa as the fifth section. While the Corpus Iuris Civilis was being prepared, the jurists of the classical period were utilised. Later, the process of changing them in order to adapt them to the age is called Interpolatio. These are actually deliberate changes. Glosses, on the other hand, are the notes written to the original text in order to assist in the teaching of law, are considered as belonging to the original text and are accepted as changes
C- Information Sources After Iustinianus: The sources of information after Iustinianus are the sources belonging to the Byzantine period. Examples of these are the Basilica, which expresses the products of Byzantine law, consisting of royal laws, and the Hexabiblos, a compilation of a Thessalonian judge
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