Keith Mack
Civil law, also known as continental or Romano-Germanic law, is a legal system with roots in the Roman Empire. The modern name for a collection of fundamental works in jurisprudence is the Corpus Juris Civilis or Body of Civil Law, enacted from 529 to 534 by Byzantine Emperor Justinian I. The Corpus Juris Civilis is made up of three parts: the Codex, an accumulation of imperial enactments; the Digest or Pandects, an encyclopedia of extracts from the writings of Roman jurists; and the Institutes, a student textbook. The Corpus Juris Civilis has had a significant influence on the canon law of the Catholic Church and public international law, and its four parts constitute the foundation documents of the Western legal tradition.
| Characteristics | Values |
|---|---|
| Modern name | Corpus Juris (or Iuris) Civilis |
| Other names | Body of Civil Law, Code of Justinian |
| Time enacted | 529 to 534 |
| Enacted by | Byzantine Emperor Justinian I |
| No. of parts | 3 |
| Parts | The Code (Codex), The Digest or Pandects, The Institutes (Institutiones) |
| Language | Latin |
| Influenced | Canon law of the Catholic Church, common law legal systems, public international law |
| Influenced by | Roman Law, local customs |
| Influenced legal reforms | Napoleonic Code |
| Influenced legal systems | French, German, Italian, Spanish, English |
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What You'll Learn
The Corpus Juris Civilis
The Codex is a compilation of imperial enactments to date, achieved through selection and extraction. The Digest is an encyclopedia composed of mostly brief extracts from the writings of Roman jurists. The Institutes is a student textbook, introducing the Code, although it has important conceptual elements that are less developed in the Code or the Digest.
As the administrative language of the Eastern Roman Empire shifted from Latin to Greek, legal codes based on the Corpus Juris Civilis were enacted in Greek. The best-known are the Ecloga, enacted by Emperor Leo the Isaurian in 740; the Prochiron and Epanagoge, enacted by Emperor Basil the Macedonian in 879; and the Basilika, started by Basil the Macedonian and finished by his son, Emperor Leo the Wise, in the late 9th century. The Basilika was a complete adaptation of Justinian's codification, but at 60 volumes, it proved difficult for judges and lawyers to use. A short version of the Basilika was finally made by Constantine Harmenopoulos, a Byzantine judge from Thessaloniki, in 1345.
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The Code of Justinian
The fourth part, the Novellae Constitutiones (New Constitutions or Novels), was compiled unofficially after Justinian's death but is now considered part of the Corpus Juris Civilis. The Novellae consisted of new laws passed after 534 that were later reworked into the Syntagma, a practical lawyer's edition, by Athanasios of Emesa between 572 and 577.
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The influence on canon law
The Corpus Juris Civilis, or the "Body of Civil Law", was a collection of fundamental works in jurisprudence enacted from 529 to 534 by order of Byzantine Emperor Justinian I. It was originally written in Latin and later translated into Greek when that became the predominant language of the Eastern Roman Empire. The work consisted of three parts: the Code (Codex), the Digest or Pandects (Digesta and Pandectae), and the Institutes (Institutiones). All three parts were given the force of law and were intended to be the sole source of law in the empire.
The Corpus Juris Civilis had a significant influence on the canon law of the Catholic Church. The provisions of the Corpus influenced the development of canon law, and it was said that "ecclesia vivit lege romana" ("the church lives by Roman law"). The rediscovery of the Corpus Juris Civilis in the 12th century led to a more systematic incorporation of Roman law into canon law. This period also saw the emergence of university-level legal education, with canon law and Roman law being studied and taught as academic disciplines. The interaction between these two types of "learned law" gave rise to the ius commune (European "Common Law"), which was used throughout western Europe until the 19th century.
The influence of the Corpus Juris Civilis on canon law extended beyond Europe. The legal thinking behind the Corpus served as the backbone of the Napoleonic Code, which marked the abolition of feudalism and the reinstatement of slavery in the French Caribbean. Napoleon sought to introduce these principles throughout Europe, as he believed they would create a more equal society and improve the relationship between the ruling class and the rest of the population. As a result, the Corpus Juris Civilis was translated into several European languages in the 19th century, including French, German, Italian, and Spanish.
The influence of the Corpus Juris Civilis on canon law can also be seen in the development of civil law traditions in Latin America. Canon law, with its roots in Roman law, has influenced the legal systems of many Latin American countries. Additionally, the principles of canon law have had an impact on contemporary society, with experts such as Edson Luiz Sampel recognising its influence in the genesis of various institutes of civil law. Canon law continues to be relevant within the Catholic Church, serving as the legal system that governs the management of persons and things within the Church.
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The Napoleonic Code
The Code strengthened men's authority over their families, deprived women of individual rights, and reduced the rights of illegitimate children. It also granted all male citizens equal rights under the law and the right to religious dissent, but colonial slavery was reintroduced. These laws applied to all territories under Napoleon's control and influenced several other European countries and South America.
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Civil law today
Civil law, also known as continental or Romano-Germanic law, is a legal system rooted in the Roman Empire. It is the most common legal system in the world, practiced in about 150 countries. Civil law systems are found on all continents and cover approximately 60% of the world. Civil law is sometimes referred to as neo-Roman law, and it draws heavily from Roman law, which was the most intricate legal system before the modern era. Civil law is a well-organized system that promotes cooperation, order, and predictability. It is based on a logical and dynamic taxonomy developed from Roman law and reflected in the structure of the codes. Civil law is adaptable, with codes that are concise and broadly applicable, avoiding excessive detail and containing general clauses that can be adapted to change.
Civil law is characterized by its reliance on legal codes that function as the primary source of law, rather than on judicial precedent. In civil law, case law is secondary and subordinate to statutory law. Civil law codes are enacted by a legislature, and they set out general principles or rules of law. While civil law jurisdictions place little reliance on court decisions, they tend to generate a large number of reported legal opinions. Civil law countries are characterized by their emphasis on codified law, with judges playing a primary role in finding facts and applying the law in courts. Common areas of civil law include family law, contracts, torts, and trusts.
The civil law tradition, though secularized over the centuries, promotes cooperation between human beings and places more focus on individual freedom. In their technical, narrow sense, the words "civil law" describe the law that pertains to persons, things, and relationships that develop among them, excluding criminal law, commercial law, labor law, and other areas. Civil law is often paired with the inquisitorial system, but the terms are not synonymous. The civil law system is also contrasted with the common law system, which originated in medieval England and relies heavily on judicial precedent.
The development of civil law can be traced back to the Corpus Juris Civilis, or "Body of Civil Law," enacted from 529 to 534 by order of Byzantine Emperor Justinian I. The Corpus Juris Civilis served as the backbone of the Napoleonic Code, which marked a significant legal reform by abolishing feudalism. The Napoleonic Code was a prominent civil code that took shape in the 19th century and influenced the legal systems of many countries. The German Civil Code (Bürgerliches Gesetzbuch or BGB), which went into effect in 1900, is another influential civil code that inspired the civil codes of Japan, South Korea, and Switzerland.
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Frequently asked questions
The Corpus Juris Civilis, or "Body of Civil Law", is a collection of fundamental works in jurisprudence enacted from 529 to 534 by Byzantine Emperor Justinian I.
The Corpus Juris Civilis consists of four parts: the Codex (a compilation of imperial enactments), the Digest or Pandects (an encyclopedia of extracts from the writings of Roman jurists), the Institutes (a student textbook), and the Novellae Constitutiones (New Laws).
The Corpus Juris Civilis has had a lasting influence on legal systems around the world, particularly in Europe and countries colonized by European nations. It served as the basis for the Napoleonic Code and has influenced public international law.
Civil law, or Romano-Germanic law, is based on concepts derived from Roman law and is characterized by its reliance on legal codes as the primary source of law. Common law, on the other hand, originates from medieval England and relies heavily on judicial precedent and case law.
Civil law is practiced in about 150 countries and is the world's most common legal system. It is found on all continents and covers approximately 60% of the world. Examples include France, Germany, Indonesia, Japan, and Lebanon.
