According to the intentions of Justinian I, the Codex, the Digest and the Institutes were not only intended to reorganize the legal material, but also to form the basis of the study of jurisprudence, also reformed by the emperor. The new curriculum was formulated in the Omnem Constitution (533). The Romans themselves distinguished between public and private law. The best-known formulation of this distinction comes from the jurist Domitius Ulpianus (ca. 170-ca. 228 AD): “Ius publicum est quod ad statum rei romanae spectat, privatum quod ad singulorum utilitatem” (Public law is that which refers to the system of the Roman state, and private law, that which refers to the interests of the individual: summary 1.1.1.2). Thus, public law refers to the organizational structure of society, while private law refers to its individual members and their relationship to each other. In public law, the Roman jurist Ulpian distinguished several subfields: “Publicum ius in sacris, in sacerdotibus, in magistratibus consistit” (Public law regulates the worship of the State, the priesthood and the magistrates: Digest 1.1.1.2). In 429, Theodosius II (401-450), emperor of the eastern half of the empire, initiated a collection of imperial constitutions of general content, which had been promulgated since Emperor Constantine I (c. 280-337). The original project was the realization of two separate collections, one of which also contained forgotten constitutions, the other only the laws still in force, accompanied by legal works on related subjects.

This draft has been revised 435. The Codex Theodosianus came into force on January 1, 439, certainly in the eastern half of the empire, but most likely also in the western half, where Codex 438 was presented to the Roman Senate in a solemn session. At first, only the king had public powers, including legislative powers. Thus, leges regiae (royal laws) sanctioned by the king, as well as customs (customs), were the only source of law. After the introduction of the Republic, these laws lost their validity. Orestano, Riccardo: Introduzione allo studio del diritto romano, Bologna 1987. The succession of different forms of government throughout Roman history has had a significant impact on how law is created. As a result, the development and importance of the various sources of law has changed considerably. During the reign of Constantine I, imperial declarations often passed through the emperor`s quaestor and the language used became less and less technical, an argument often cited as the beginning of the “popularization” of Roman law. In fact, however, law schools flourished, and legal experts were always available to the Quaestor and the public to give advice on the intricacies of law that were not clear from this new, less technical approach to drafting legislation. Digesta (de digerere) means that which has been ordered or systematized; Pandecta (from the Greek expression pan dehesthe) means a work or a global encyclopedia.

The history of Roman law can be divided into three procedural systems: that of legis actiones, the system of form and cognitio extra ordinem. The periods in which these systems were used overlapped and had no definitive breaks, but it can be noted that the legis actio system existed from the time of the twelfth tables (about 450 BC) until the end of the 2nd century BC. It was widespread that the formula method was mainly used from the last century of the Republic until the end of the Classic period (c. 200 AD), and that of cognitio extra ordinem was in use in the Post-Classic period. Again, this data is designed as a tool to understand the types of procedures used, not as a rigid boundary where one system ended and another began. [7] Roman laws covered all aspects of daily life. They dealt with crime and punishment, land ownership and property, trade, maritime and agricultural industry, citizenship, sexuality and prostitution, slavery and commission, politics, liability and property damage, and peacekeeping. We can study these laws today through ancient legal texts, literature, papyri, wax tablets and inscriptions.

Since the reign of Hadrian, the judgments and declarations of the emperor have been collected in the constitutions of the emperor or Constitutiones Princip. In addition, the Senate could also enact regulations (senatus consulta), for example on public games or on women`s inheritance rights. Statutory law promulgated by the people through public assemblies (comitia), although rare, could also contribute to the body of law, but was generally limited to ceremonial matters such as the decision on posthumous honors to be granted to the children of emperors who died prematurely. In the Republic, the emphasis was more on the adaptation of existing laws by magistrates (ius honorarium) than on the creation of entirely new legislation. This was done especially in the annual Praetorian Edict (codified from 131 AD), when the types of admissible cases, defence and exceptions were described and an assessment of the previous year`s legal policy was made, making the necessary legal changes accordingly. In this way, it was the application of laws that could be adapted while the law itself remained unchanged, and so a series of case formulas accumulated to provide greater legal cover for the ever-changing situation of Roman society. For example, a fine could be increased to keep pace with inflation, but the legal principle of a fine for a specific offence remained unchanged. This allowed other officials, such as governors and military courts, to “interpret” the law and apply it on a case-by-case basis based on individual circumstances. Justinian`s compilation, on the other hand, was hardly received in the West. As MS sources show, it only survived in parts of Italy (especially in the south), and even there – limited to institutes and the codex – it was not widespread and little used. In the early Middle Ages, the codex was known only as an epitome (in different versions) of the first 9 books.

One of these versions is the Summa Perusina. The digest and thus classical legal law, on the other hand, have fallen into oblivion, so that the legal culture has been lost. Instead, the Church remained the guardian of Roman law, especially the Justinian codification, selecting texts that concerned them between the 9th and 11th centuries, incorporating them into its own texts, and using them for its own purposes. Thanks to the Church, Roman law reached even the most remote districts, where it was taught – through canon law – in cathedral schools and monasteries.9 The first history of Roman law is lost forever. Rome already existed as an Etruscan city in the eighth century BC. The earliest known source of Roman law is the Laws of the Twelve Tablets of the mid-fifth century BC. They were written in primitive Latin. After the time of the kings, two consuls and the Senate ruled Rome. Few people knew about the law before the Twelve Tables were created to provide some legal certainty.

Members of wealthy families, mostly patricians and senators, gave legal advice upon request. The Senate itself proposed laws or voted on the proposals of the consuls. More is known about the period of the Late Republic (200-30 BC). The praetor, one of the Roman magistrates, published his edict every year announcing how he would apply the laws. The censors also had a legal task, the maintenance of morality. Cicero`s pleadings and letters give a vivid picture of the current jurisprudence of the end of the Republic.