Codification in Italy Flashcards
Explain how Justinian Codes arrived in Italy
-LegibUS armis
-wanted to reinstall Imp. Romanum
-got support og gen.:
-Belisarius
-Narses
-Placed allies -Ostrogoths- in Balkans
-Inv. Odacer’s kingdom
-King of Ostogroths rules (Theodoric the Great)
-Regent of successor of TG killed (Amalaswitha)
-Pretext to invade
-553AD italian part of Western Empire retaken
-553AD
-Justian had Corpus Iuris Civil sent
Why did customary law begin to flourish in Italy
-Lombardian invasion
-followed the personality principle which feeds into
-customary law
Describe the Lombardian invasion
-Lombards conquered Northern Italy
-Southern Italy still part of Byzantine empire for many years to come
Describe the difference between how Roman(Byzantium) Law was applied and how Germanic (Ostrogothic) law was applied
-Roman Law: Territorial principle
-Germanic Law: Personality principle
Explain why the territorial principle was established in the Byzantine Empire
-Constitutio Antoninica
-established by Emperor Caracalla
-Roman citizenship for all those living in Rome
-Law of the land applied to all those bitches
-MORE TAX FROM CITIZENS
Explain the significance of the Constitution Antoninica beyond the territorial principle
-bolst. Justinian’s ability 2 codify law
-made more sense for excl. law since applied to ever.
Explain the disadvantages of the personality principle
- Unclear which laws applied
-Int. Marriag. increasingly popular
-what if I’m I/4th everything?? - Increasing clashes of diff. laws due 2 more trade over time
Describe the feudal system in Northern Italy/Germanic controlled West
-Vassalage system
-lords gives protection + loaned land (fief) 2 VASSAL
-in exchange 4:
-labour
-goods
-military service
-King at the top
-owner of all land
-everyone his liegman(including duke + liegman, lord + liegman,etc.)
-Overtime fief became inheritable
-Sword fief
-only inheritable by men
-Female fief
-inheritable by all gen.
“Nulle terre sans seigneur”
-No land without a lord
-for land you must provide services !
-ex. by fact king owns all land
Explain why the Feudal system was popularised in Germanic-controlled parts of former Western RE?
-Fall of Western Roman Empire
-no strong gov. 2 protect ppl from attack
-relied on powerful bitches in close prox. 4 Self. Pres.
-lords,etc.
-oath of alliegiance ensured protec. + mea. o. substin.
-lack of legal certainty, thus protection= creation of new more prim. system
Explain the causes of legal diversity in Northern Italy
-Development of customary law under personality principle
-Development of feudalism (new system of law alongside all the diff. cultural customary law)
Describe Inerius’ Discoveries
-Found the’Codex Florentius’
-book of difest studeid in bologna
Describe the role of Glossators
-Created glossa
-Annotation in the margin of the text
-uncontested authority
-no glossa = no applicable to contemporary times
-+ difficult to use in modern times
What is canon law
-ecclesiastical law
-not directly sourced from the bible
-but laid down in papal decisions
-universal scope
-in that way similar to Roman law
How were the norms of canon law acessed Bbefore the corpus iuris canonici?
-Through the Decretals: letters of the pope that formulate ecclesiastical law
-Council meetings: meetings of bishops
-Individual Writings of church fathers
-Decretum Gratiani
Describe what the Decretum Gratiani was
-private collection of canon law
-written by monk called Gratian
-called his work the Concordia discordantium Canonum
-harmonis. of canon rules that contra. each o.
-factual legal rules
-decretals
-+ commentary from the man himself
-prov. exp. where needed
-dicta Gratiani
-NOT a codification–> not issued by an authority
Explain the significance of the Decretum Gratiani
-prob. meant for teaching of canon law at unis
-allowed significance of canon law to incr.
-taught alongside sec. roman law at uni
-lectures sourced from decretum
-allowed academic explora. of texts
-result. comment.
-‘decresist’ same role as glossators
-
Evidence the significance of the decresist scholars
-Glossa ordinaria compiled of all the glosses of the decretum
Describe the creation of the Corpus Iuris Canonici
-After the Decretum was published,
-five collect. of sources of CL
-canones
-need to comply
Describe the parts of the Corpus Iuris Canonici
-Decretum(1140)
-Liber extra (1234)
-compilation of post-decretum PD
-issued by pope Gregory IX
-codifi.
-Liber sextus (1298)
-more PDs
ordered by pope Bonifacus VII
-codification
-Clemetines
-compilation of PD by
-pope Clement V
-no exclus. clause tho
-not codification
-Extravagantes
-PRIV. COMP. not found in ex. collections
-no codification
Describe the tensions between the pope and the Roman Emperor begining from 800AD
-Charlemagne crowned emperor by the Pope in 800 AD
-implied pope superior
-MAD
-intens. by conflict of who can choose bishop
-catalsed pope to asert belief that the beship is a religious post should have power
-Dictatus Papae–> ab. supre. of Pope proclaimed
-Humiliation of Emperor Henry IV-1076
What was the Accurion gloss
-book on development of principles IPL
Which school of thought was the IPL in line with
-Mos italicus
