Cecily Zamora
Civil law, also known as civilian law, is a legal system influenced by Roman law, specifically the Corpus Juris Civilis of Emperor Justinian I. The Corpus Juris Civilis, or Body of Civil Law, is a collection of fundamental works in jurisprudence enacted between 529 and 534 CE by Emperor Justinian I. It served as the foundation for the Napoleonic Code, which marked a significant legal reform by abolishing feudalism. Civil law systems are characterised by their reliance on legal codes as the primary source of law, in contrast to common law systems that depend heavily on judicial precedent. Today, civil law is the most prevalent legal system globally, practised in approximately 150 countries.
| Characteristics | Values |
|---|---|
| Name | Corpus Juris Civilis |
| Other Names | Body of Civil Law, Justinian Code |
| Origin | Roman Empire |
| Dates | 527-565 |
| Issued By | Emperor Justinian I |
| Language | Latin |
| Parts | The Code (Codex), The Digest or Pandects, The Institutes (Institutiones), The Novellae Constitutiones (Novels) |
| Purpose | To reduce the number of imperial constitutions and court proceedings |
| Influence | Canon law of the Catholic Church, civil law systems in about 150 countries, common law legal systems, public international law |
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What You'll Learn
The Corpus Juris Civilis
The Codex is a compilation of imperial enactments to date by selection and extraction. The Digest is an encyclopedia composed mostly of brief extracts from the writings of Roman jurists. The Institutes is a student textbook, primarily introducing the Codex, although it has important conceptual elements that are less developed in the Codex or the Digest.
The legal thinking behind the Corpus Juris Civilis served as the foundation for the Napoleonic Code, which marked the abolition of feudalism in France. The Corpus Juris Civilis was also translated into French, German, Italian, and Spanish in the 19th century. Today, civil law is the most common legal system in the world, practiced in about 150 countries.
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Emperor Justinian I
Civil law, also known as civilian law, is a legal system influenced by Roman law, particularly the Corpus Juris Civilis, developed under Emperor Justinian I. Justinian I, the Byzantine Emperor, enacted the Corpus Juris Civilis between 529 and 534. The work was directed by Tribonian, an official in Justinian's court in Constantinople.
The Corpus Juris Civilis, or "Body of Civil Law", is a collection of fundamental works in jurisprudence. It was originally planned to have three parts: the Codex, a compilation of imperial enactments; the Digest or Pandects, an encyclopedia of extracts from the writings of Roman jurists; and the Institutes, a student textbook introducing the Code. All three parts were given the force of law and were intended to be the sole source of law.
Justinian I's Corpus Juris Civilis was influenced by the Roman law tradition, which was the most intricate legal system before the modern era. The Corpus Juris Civilis was a comprehensive reform of the law, aimed at reducing the large number of imperial constitutions and court proceedings. It served as the foundation for the single largest legal reform of the modern age, the Napoleonic Code, which abolished feudalism and reinstated slavery in the French Caribbean.
The influence of the Corpus Juris Civilis extended beyond Europe. It was translated into French, German, Italian, and Spanish in the 19th century, and its principles were introduced throughout Europe by Napoleon. In Asia, many countries have adopted civil law and have civil codes, such as Indonesia, Japan, Kyrgyzstan, and Lebanon. In Africa, the civil law traditions have been retained in many formerly colonized countries, with the Egyptian Civil Code exerting significant influence in the region and the Middle East.
Overall, Emperor Justinian I played a pivotal role in creating the body of civil law through the enactment of the Corpus Juris Civilis, which has had a lasting impact on legal systems worldwide.
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Roman law
Civil law, or Roman law, is a legal system rooted in the Roman Empire. It has been comprehensively codified and disseminated since the 19th century, with notable examples including France's Napoleonic Code (1804) and Germany's Bürgerliches Gesetzbuch (1900). Civil law systems rely on legal codes as their primary source of law, in contrast to common law systems, which are based on judicial precedent.
The first legal text of Roman law is the Law of the Twelve Tables, which dates back to the mid-fifth century BCE. This law code governed the relationships between citizens and was separate from sacred law. The Twelve Tables were proposed by the plebeian tribune, C. Terentilius Arsa, to prevent magistrates from arbitrarily applying the law.
Over time, Roman law evolved to address various aspects of daily life, including crime and punishment, land and property ownership, commerce, maritime and agricultural industries, citizenship, sexuality and prostitution, slavery and manumission, politics, liability, and preservation of the peace. This evolution occurred through statutes, magisterial decisions, emperor's edicts, senatorial decrees, assembly votes, plebiscites, and the input of expert legal counsel.
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Napoleonic Code
The Napoleonic Code, officially the Civil Code of the French (French: Code civil des Français), is the French civil code established during the French Consulate in 1804. It is still in force in France, although it has been heavily and frequently amended since its inception. The code was promulgated in its entirety in 1804 by First Consul Napoleon Bonaparte.
The Napoleonic Code was not drafted by Napoleon himself, but by a commission of four eminent jurists, including Jacques de Maleville, François Denis Tronchet, Félix-Julien-Jean Bigot de Préameneu, and Jean-Étienne-Marie Portalis. Napoleon chaired many of the commission's plenary sessions, and his support was crucial to its enactment. The code stressed clearly written and accessible law, marking a major milestone in the abolition of the previous patchwork of feudal laws.
The Napoleonic Code was the first modern legal code to be adopted with a pan-European scope, strongly influencing the law of many countries formed during and after the Napoleonic Wars. It influenced developing countries outside Europe, such as those in the Middle East, and countries in Latin America, where the Spanish and Portuguese established their own versions of the civil code.
The Napoleonic Code was inspired by Justinian's sixth-century codification of Roman law, the Corpus Juris Civilis, and Justinian's Code (Codex). However, it differed from Justinian's work in that it incorporated all kinds of earlier rules, not just legislation, and was a comprehensive rewrite rather than a collection of edited extracts. The code also reflected the beliefs and needs of the revolutionary government, aiming to create a purely rational law free from past prejudices and based on "sublimated common sense".
The Napoleonic Code codified several branches of law, including commercial and criminal law, and divided civil law into categories of property and family. It strengthened the authority of men over their families, deprived women of individual rights, and reduced the rights of illegitimate children. All male citizens were granted equal rights under the law and the right to religious dissent, but colonial slavery was reintroduced.
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Germanic influence
Civil law, also referred to as jus civile, is a legal system with roots in the Roman Empire. It is characterised by its reliance on legal codes as the primary source of law, in contrast to common law systems which rely heavily on judicial precedent. Civil law has been influenced by various legal traditions, including Germanic, ecclesiastical, feudal, commercial, and customary law.
In the 5th and 6th centuries CE, Germanic peoples dominated large parts of western and central Europe, including regions that had once been part of the Roman Empire. While Roman law traditions endured, Germanic customs gradually came to prevail in most of these regions. During the Middle Ages, Germanic customs underwent significant development to meet the complex needs arising from the growth of cities, trade, and cultural refinement, as well as the emergence of feudalism and chivalry.
In Germany, the reception of Roman law was facilitated by the emperors of the Holy Roman Empire, who considered themselves direct successors of the Roman Caesars. Roman law, as compiled in the Corpus Juris Civilis (or Justinian Code) by Emperor Justinian I between 527 and 565 CE, was thus viewed as still applicable in the Empire. However, Roman law did not entirely replace local laws, and various amalgams of legal traditions developed.
The influence of Roman law in Germany grew stronger during the Renaissance, and it became common law in German-speaking regions, prevailing well into the 19th century. The legal profession in Germany emerged with the adoption of Roman law, and it provided the theoretical foundation for legal advancements in the 19th century. The German Civil Code, or Bürgerliches Gesetzbuch, was completed in 1896 and came into effect on January 1, 1900. It was influenced by the earlier French Civil Code, or Napoleonic Code, of 1804, but differed in its more orderly arrangement, precise language, and emphasis on ethical imperatives.
German legal scholarship and codification efforts during the 19th century had a significant impact on the legal traditions of other countries, including Austria, Switzerland, the Nordic countries, and much of Eastern Europe. The German system of civil law, with its focus on the application of generally formulated rules to individual cases, has also influenced the legal systems of Japan, South Korea, and Taiwan.
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Frequently asked questions
Civil law, also known as jus civile or citizens' law, was created by Emperor Justinian I in the Byzantine Empire.
The Corpus Juris Civilis, also known as the Code of Justinian, is a collection of fundamental works in jurisprudence issued from 529 to 534 CE. It is considered the backbone of civil law.
The Corpus Juris Civilis consists of four parts: the Codex, a compilation of imperial enactments; the Digest or Pandects, an encyclopedia of extracts from Roman jurists' writings; the Institutes, a student textbook; and the Novellae, new laws enacted after 534 CE.
The Corpus Juris Civilis has had a significant influence on legal systems worldwide. It served as the basis for the Napoleonic Code, which abolished feudalism and introduced legal reforms across Europe. It also influenced the canon law of the Catholic Church and the common law legal systems, particularly through the adoption of British common law in newly independent colonies.
